guardianship disputes

Your Wish is my Command

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A guardian or attorney for personal care has a duty to make decisions in accordance with an incapable person’s wishes or instructions as they were when the person was capable. The guardian or attorney also has an obligation to try and ascertain such wishes and instructions. If it is impossible to ascertain someone’s wishes, the guardian or attorney must make decisions that are in the person’s best interests.[1] However, even….

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Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate

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Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left her in critical condition. Heche died, leaving behind her two sons, 20 year old Homer Laffoon, 13 year old Atlas….

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Contested wills, Courts, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, Wills

Audio Recordings in a Guardianship Application; Think Twice Before Pressing Record

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In the recent guardianship case, Rudin-Brown v. Brown, the court considered whether to admit into evidence recordings made of an incapable adult’s telephone conversations. Carolyn was found to be incapable in 2018.  In 2016, Carolyn signed new power of attorney documents for personal care and property (“2016 Powers of Attorney”) appointing her son, Gordon as her attorney in both documents.  Her daughter, Missy, sought an order that the 2016 Powers….

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Powers Of Attorney and Guardianship Disputes

Guardian of Personal Care: Step Up or Step Out

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While the courts will defer to the wishes of the incapable person regarding their attorney/guardian of personal care, they will also look at the past actions of the applicants…..

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Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes
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