An application by an attorney for personal care seeking a declaration that an incapacitated person lacks capacity for personal care and directions to restrict family visits.
The applicant, the wife of an 82-year-old man with advanced Alzheimer's disease, sought to deny visitation rights to their adult children.
The court declined to make a declaration of incapacity, finding that the applicant did not require such a declaration to exercise her powers as attorney.
The court found that the incapacitated person had expressed a wish to visit his children while still capable and that visits were in his best interests.
The court issued directions permitting the daughter to visit at specified times, finding that the applicant's personal animus toward her children had impaired her ability to make decisions in the incapacitated person's best interests.
