I have a Representation Agreement – can the court set that aside and appoint a Committee?

  • The court has the power to set aside your agreement and appoint a Committee
  • The court may defer to your choice and refuse to appoint a Committee

 In Lindberg v. Lindberg the patient’s son applied to become Committee.  The application was opposed by the daughter of a long-term friend of the patient, Ms. Shoemaker.  Years earlier the patient had made her will, appointing Ms. Shoemaker as the executor.  Around the same time she had granted Ms. Shoemaker her Power of Attorney, and appointed her as the patient’s Representative under a Representation Agreement.

 The judge decided that the Representation Agreement should be respected.  He considered the following factors:

  • The agreement had been entered into with the assistance of a lawyer, at a time when the patient was of sound mind
  • There was no undue influence put on the patient
  • There was no indication that the patient was acting out of any motive other than reasonable foresight regarding her own needs
  • The agreement was done at the same time as the will and Power of Attorney, and showed that the patient had considerable faith in the abilities of Ms. Shoemaker
  • The son’s petition to become Committee appeared to be a result of the Representative’s decision to sell the patient’s house, rather than any concern about the general conduct of the Representative
  • The Representative had acted with no motive other than to assist the patient
  • There had been no significant change in circumstances that would indicate the Representation Agreement should not continue
  • There had been no falling out between the patient and Ms. Shoemaker
  • There had been no change in the patient’s relationship with her son between the time the patient made the Representation Agreement and the patient’s incapacity

If you are a Representative, faced with a Committeeship application, contact us.  We can help.

read the case:  Lindberg v. Lindberg

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