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Avoiding Disputes - During The Course of Representation

During The Course of Representation - Key Decisions

As can be seen from the above, effective communication as well as memorializing and maintaining proper documentation of communications with the Person and/or their family is an important tool in risk management. It is also crucial that a Fiduciary obtain Court approval for and/or memorialize key decisions wherever necessary or possible during the course of representation to further eliminate the possibility of a dispute.

As can be seen from the above, effective communication as well as memorializing and maintaining proper documentation of communications with the Person and/or their family is an important tool in risk management. It is also crucial that a Fiduciary obtain Court approval for and/or memorialize key decisions wherever necessary or possible during the course of representation to further eliminate the possibility of a dispute.

  1. relocation of a client from a home to a care facility;
  2. end of life decisions;
  3. the sale of an asset;
  4. the rental of an asset;
  5. the commencement or decision not to commence litigation on behalf of the client;
  6. the placement of pets/livestock;
  7. the engagement of in-home staff on behalf of the client;
  8. the hiring of third parties to assist with every-day activities;
  9. the decision of where to allocate resources/funds;
  10. decisions regarding visitation of family members and friends; and
  11. any other significant, difficult, or “judgment call” decision.

In these instances, particularly ones which involve judgment calls, it is important to memorialize in writing the available options and the basis for the final decision. A short letter will often suffice.

Where possible and appropriate you should: (a) identify the problem or issue; (b) outline the various options for resolving the problem; (c) specify various efforts made to effectuate the aforementioned options; consider (d) contacting the various interested parties to advise them of the problem, possible solutions, and your efforts to effectuate a resolution which is in the best interests of the Client; and very importantly; (e) if applicable, seek Court approval prior to making a decision, particularly if you believe there are conflicting interests that you simply cannot resolve. Thereafter you should (f) document the final decision in a correspondence to the Client and/or interested persons.

Again, see the sample risk management “check list” located at: https://dominion-insurance.com/items/index/265. Please email any suggestions to ajones@fkblaw.com and/or larry.hilton@dominioninsurance.com. If you are a Dominion Insurance Services Insured, please also feel free to contact the Lloyd’s of London Fiduciary Risk Management Hotline directly (24/7) on: (212) 376-8599.