Drafting a power of attorney with a notary can prevent the opening of a guardianship regime.
We always have the choice to say yes or no, to refuse or accept, to speak or listen. But do we have the choice to be sick, to live or to die?
A widower, still of sound mind, designates his daughter as his proxy for both his person and his property in the event of his incapacity. A few years later, his daughter applies to the Superior Court to have her father declared incapable. The brother of the proxy opposes this request. He alleges that his father, even at 80 years old, still has all his faculties and is free to spend his fortune as he pleases. That, just like him, his father can indulge in his passion for horses by investing a good portion of his assets.
The clerk of the Superior Court, before declaring the father incapable, reminds that every person is considered capable of taking care of themselves and their property until a court judgment decides otherwise. Furthermore, he adds that the law allows any adult to decide and appoint who will take care of them and their property in the event of incapacity. The existence of a mandate therefore avoids the need for a protective regime. It should be noted that a proxy can always be dismissed if they no longer fulfill their duties adequately.
Many people owe their success to the team that surrounds them! Why not choose the one that will accompany and guide you in the event of your incapacity? Play to win!
*C.S. 705-14-000215-959, 1996-03-08
