Elder Law
Aging family members, including aging parents, are often in need of planning, care, or protection, in addition to the planning for the disposition of their assets at end of life.
We can help protect and promote the needs of aging adults, while ensuring that their autonomy is respected.
Such legal advice and planning may include the creation of documents that grant concurrent authority to others, such as adult children, to manage assets and make decisions for aging persons, such as parents, and which authority can be directed to endure in effect even after a person has lost the capacity to manage their own affairs or make decision on their own behalf, in which case it is called an Enduring Power of Attorney.
Powers of Attorney for Property and Asset Management
A Power of Attorney for asset management is a written document in which the person making the document grants authority to another person(s) manage assets, including the payment of bills. In order to be able to sign such a document, the person must be possessed of full mental capacity to understand the legal consequences of granting to someone else legal authority to make decisions for them and to manage their property and assets.
A Power of Attorney may grant such authority to act immediately, or only upon the occurrence of a subsequent event, such as the incapacity of the donor. Such Powers of Attorney can also place limitations or restrictions on the scope of the Attorney’s authority, such as a prohibition to sell real property or other assets of the donor. The granting of a Power of Attorney does not diminish or limit the authority of the donor to makes decision while fully capacitated; it merely grants authority to another individual to exercise the rights and authority granted under the document concurrently with the donor.
If an authority to act under a Power of Attorney is granted immediately upon signature by the donor of the document, so long as the donor is fully capacitated, the donor retains the authority to revoke at any time by notice in writing of such revocation of authority delivered to the Attorney and third parties, such as banks and government departments and agencies relying on the prior grant of authority.
Powers of Attorney for Health Care
In addition to giving authority over management of property and assets, elder adults often wish to authorize another person to speak on their behalf in matters of health care, such as to authorize or prohibit certain types of medical treatment in circumstances, when the elder adult is unable to make such decisions for themselves due to illness or infirmity.
Powers of Attorney for Health Care may also be revoked so long as the donor of such authority retains capacity. Such Powers of Attorney can also place limitations or restrictions on the scope of the Attorney’s authority, such as restrictions on the types of medical treatment that you are wish them to accept or reject on your behalf.
Infirmed Persons Applications
In circumstances where an elder adult has not otherwise chosen in advance the person who will make decisions for them in the event of any subsequent infirmity by signature to a Power of Attorney for Property or Health Care, in the event of their loss of mental capacity due to age, illness, or infirmity, it then becomes necessary for such interested persons as family members, to make an application to the Court pursuant to the Infirmed Persons Act for appointment to act and make decisions on behalf of the infirmed person. Such Court appointed representative, whether an individual or individuals, is referred to as the Committee of the person and/or estate of the infirmed person.
If you or a family member is faced with the contemplation of loss of autonomy due to illness or infirmity, we offer an initial consultation to assist with such care planning needs is highly advisable.
Appointments can be pre-booked through our website and are available in the office, by telephone, or by Zoom meeting.