An Order just to visit Mom?

Two groups of children (four in total) have launched legal action over their mother, who was believed to be unable to manage her financial affairs and her person. The groups are the three sons on the one hand, and the daughter on the other. Each group sought Committeeship over their mother.

Meanwhile, in reasons released earlier this week for the case Garner v. Garner, the sons sought an Order allowing them to visit their mother, who lived with the daughter.

No Court Order for Committeeship is likely to be made before May. A Power of Attorney already exists, appointing two of the sons and the daughter as the Attorney. The mother revoked it in 2012 and made a new Power of Attorney, appointing only the daughter (and her husband) as the new Attorneys.

Later in 2012, the mother told her doctor that she did not want to see her sons because it caused her extreme anxiety. She also changed the locks on the door to her apartment, and (while competent) made a Representation Agreement naming her daughter as her representative.

The Court dismissed the sons’ application, holding that their mother, while competent, had changed the locks and taken steps to avoid contact with her.

These applications are not made often, and in this family they likely result from past, unfortunate conflict. In deciding the kind of Order to make, the Court looks to the steps that a parent took before becoming incompetent.

This ad ran in the Richmond Review on January 30, 2015.