Elder law/ Incapacitated Adults
As loved ones age, their needs change and they may need assistance caring for themselves and their affairs. While a person is competent they may appoint an attorney to manage their property and may enter into a representation agreement with a representative to make decisions about their personal and health care. However, when a person is incompetent they cannot appoint an attorney or a representative. If a person is mentally incapable of managing their affairs, an application can be made to Supreme Court to appoint a “Committee” who is a person who is tasked with making decisions on behalf of that person regarding their property, personal care, health care and well-being. In all circumstances a Committee must act in the best interests of the patient.
Please contact us if you believe that a loved one is incapable of managing their affairs and may need someone to make decisions on their behalf.
The powers that can be given to an attorney b a Power of Attorney can be very broad or specific. However, Powers of Attorney must be used for the benefit of the donor (the person who gives the power of attorney). At Magnus Law, we have successfully applied to court to terminate Powers of Attorney and to set aside transactions which resulted from the improper use of a power of attorney.
If you have concerns about whether a power of attorney has been misused, please contact us for a consultation.
For sample published cases please click here.