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Not all estate litigation results from wills and trusts

Incapacitation is always a possibility. People suffer illnesses and injuries that could make it impossible for them to make decisions for themselves. Many British Columbia residents prepared for this eventuality by executing powers of attorney in which they entrust their finances and health to someone they trust. Sadly, not everyone deserves that trust, and estate litigation could ensue because of it.

It is not unusual for people to make mistakes, but when those errors result in the failure to protect an incapacitated person, concerned family members will more than likely take notice. In addition, some acts are so irresponsible that others feel the need to step in to stop and correct the problem. In most instances, it will first be necessary to remove the individual causing the problem.

Even if the individual originally appointed as power of attorney is willing to step aside, that may not be the end of the story. Some people will appoint an alternate to take over, but if no one else is named, family members will most likely need to go to court in order to appoint someone else to make decisions on behalf of the incapacitated person. If family members disagree on who should take over this role, the litigation could last for some time.

Entering into estate litigation in order to protect the interests and health of an incapacitated person should not be taken lightly. A British Columbia court will want to make sure that the individual appointed will not make the same mistakes. For this and other reasons, it would be wise to work with an attorney experienced in this area of law to increase the chances of an outcome that most benefits the person who cannot make decisions for him- or herself.

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