The applicants, acting as alternative Attorneys for Property, applied for an order declaring the 86-year-old respondent incapable of managing her property and appointing a guardian of property.
The respondent opposed the appointment, arguing she retained capacity to manage her property with assistance and could execute a new power of attorney.
Relying on expert capacity assessments, the court found that while the respondent had mild cognitive impairment and required assistance, she retained the capacity to instruct counsel and to make or revoke a power of attorney.
The court dismissed the application, concluding that the respondent's ability to execute a new power of attorney constituted a less restrictive alternative to guardianship.
