Loved one without a Power of Attorney?

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They may need a “Supported Decision Making” court order

If your loved one is no longer able to make decisions for themselves due to a medical condition or age-related decline, it may be time to consider a Court Order appointing a representative. At Moss Hachey Law, we help families in New Brunswick understand their legal options when a Power of Attorney is no longer viable.

We understand this can be an emotional and confusing time. Our team takes the time to guide you through the process with clarity, care, and trusted legal advice. Whether you’re navigating capacity issues, applying for nursing home placement, or stepping in to help manage a loved one’s affairs, we’re here to help every step of the way.

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Steps to Take if Your Loved One Needs a Decision Maker

1.

Understand Capacity

Before legal steps can be taken, a person’s mental capacity must be evaluated. Capacity means being able to understand information relevant to a decision and appreciate its consequences. People may still have capacity even if they need help communicating, or if they’ve made poor decisions in the past.
2.

Know When a Court Order Is Needed

If someone lacks capacity, they cannot sign legal documents like a Power of Attorney or Will. In New Brunswick, a Court Order is now required for nursing home admission if no Power of Attorney is in place.
3.

Gather the Right Documents

We understand time is often critical. Our team works efficiently to help you get the documents and court orders you need.
4.

Prepare for Possible Disputes

If there’s disagreement about who should be appointed, the matter may go before a judge. We’ll help ensure your application is thorough and well-prepared, and represent you if a hearing is required.
5.

Reach Out to a Lawyer

Supported decision making is a sensitive legal area. It’s important to work with a lawyer who understands the process, timelines, and how to protect your loved one’s interests. We’re here to answer your questions and take care of the details.

Our Lawyers

Erika Hachey - New Brunswick Car Accidents Lawyer

Erika R. Hachey

B.A. (Hons.) LLB

Andrew Moss - New Brunswick Personal Injury Lawyer

Andrew Moss

B.A. (Hons.), M.A., J.D.

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Call 506-449-7544 to speak with a New Brunswick lawyer about supported decision making.
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Why Choose Moss Hachey Law for Supported Decision Making?

Focused Experience

We help New Brunswick families navigate issues around capacity, representation, and estate planning every day.

Clear Guidance

We break down the process in plain language and walk you through what to expect, from forms to filing to follow-ups.

Efficient Service

We understand time is often critical. Our team works efficiently to help you get the documents and court orders you need.

Compassionate Approach

This is about more than paperwork, it’s about people you care about. We treat every case with empathy and respect.

Trusted Reputation

Clients across New Brunswick turn to us for honest advice and dependable support. We’re known for delivering results with integrity and care.

Client Testimonial

Andrew was awesome to work with! My husband and I went to Andrew to do our POA’s and wills. He was really thorough, answered all of our questions, he was professional, and everything was done in a timely manner. We are extremely pleased with the whole process and we highly recommend Andrew!

Maggie Ryan

4.9
Google Reviews
Read what our clients are saying

Common Questions About Supported Decision Making

What’s the difference between a Power of Attorney and a Court Order?
A Power of Attorney is signed voluntarily by someone with capacity. A Court Order is needed when that’s no longer possible.
Family members, caregivers, or others close to the person can apply. The court will decide based on the person’s best interests.
It varies depending on court availability and whether there’s any disagreement. We’ll help keep things moving smoothly.
While not legally required, working with a lawyer ensures everything is handled properly and avoids costly mistakes or delays.
If there’s disagreement about who should be appointed as the decision maker, the court may require a hearing. We’ll help you prepare and represent your interests to ensure a fair outcome.

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