One of the reasons to come up with a complete estate plan is to ensure that the wishes of your loved one are being followed when they are unable to make decisions for themselves. This can be done in quite a few different ways. There may be a written list of wishes such as a living will or other document that spells out how affairs are to be managed. Another common way for wishes to be administered to is by the appointment of a personal representative.
Whatever the reason, if you feel that your loved one’s wishes are not being followed, there are things that you can do to remedy the situation.


Where are These Things Documented?

The first step that you should take if you feel that something is wrong with the way the affairs of your elderly loved one are being taken care of is to look at the documentation. These are going to be contained within an estate plan or, if they have passed away, in a will.

These documents are what your loved one will have provided to you to ensure that their wishes are being followed. These documents will be drawn up and held by their attorney as well as by them. If there is any question, one or the other can be consulted.

 

What if There was a Sudden Issue and There are No Completed Documents?

Things get more complicated when you get into incomplete or missing documents. Without specifics, there has hopefully been someone named by your loved one as the personal representative. This person will have the responsibility of all decisions that would otherwise have been made by your elderly loved one.

If there has been a death, and there is no will or named personal representative, then the court will typically appoint a person to have the responsibility. Relatives and spouses are the first choices made by the court if one is available.

 

What if the Personal Representative is Not Fulfilling Their Duty?

Sometimes there is an issue with the personal representative. It may be that the person simply does not have the time to dedicate to all of the things that need to be done. There may be other issues that are preventing things from occurring. No matter what the reason, the personal representative has the legal duty to represent the best interests of the estate and their beneficiaries. They should not be acting in their own best interests. If there is an issue, then you must file a petition.

An elder law attorney can help with the details of filing. Once the petition has been filed the court can take over and assist the family and beneficiaries in ensuring that the personal representative begins fulfilling their duty.

 

Elder Law Attorneys can Assist with Estate Issues

Are you having a problem with how your loved one’s personal representative is fulfilling their duties? Then contact Stano Law group today for assistance.