Concerns about your loved one’s mental capacity to take care of his or her personal and financial affairs or concerns about your loved one’s vulnerability to others
When someone is not capable of managing his or her financial and legal affairs or making decisions about his or her care, his or her Attorney, appointed under a valid Power of Attorney, or Representative, appointed under a valid Representation Agreement, can attend to those financial and legal affairs and make healthcare and other care decisions.
The Attorney and the Representative are under an obligation to act in the best interests of the person who granted them that authority.
In the absence of a valid Power of Attorney or Representation Agreement, or should there be concerns about the Attorney’s or the Representative’s actions, Court appointment of a committee (guardian) is required. The committee can be appointed as committee of estate – to attend to financial and legal affairs, and/or committee of person – to attend to day-to-day living, and to healthcare decisions.
We have extensive knowledge and decades of experience with committeeships to which all relatives consent as well as contested committeeships.
In some cases, it may be time to rescind or undo the appointment of a committee based on medical evidence that a committee is no longer necessary, as the person is mentally capable of attending to his or her financial and legal affairs. We can also assist you with rescinding committeeship appointments.