Guardianship & Conservatorship
Many of us picture the golden years as a time for travel, finding hobbies, and spending time with family and friends. Unfortunately, this isn’t the case for many seniors. Substance abuse among older adults is often referred to as an ‘Invisible Epidemic’. Alcohol and prescription drug abuse among adults 60 and older is one of…
Read MoreMisinformation is rampant! You’ve heard the expression, “don’t believe everything you read on the internet.” Well, the sad reality is that misinformation is not just on the internet, but also comes from seemingly reputable individuals, professionals, and yes . . . even attorneys. Here are a few ill-advised suggestions we’ve heard recently: The misinformation:…
Read MoreWho’s The Boss? A client recently called our office asking if she has “the right” to move her mother into an assisted living community against her mom’s will. The adult daughter, Mary, has a General Durable Power of Attorney in place for her mother, but what rights does Mary really have? Does she have the…
Read MoreToday we will conclude our story about Alan, Sandy, and Mary that we have shared with you over the past couple of weeks. We will go ahead and spoil the ending by telling you the family is in a much better situation and Alan’s health and finances are now addressed. Last week we told you…
Read MoreThis week we will continue our discussion on Guardianship and Conservatorship. They are two separate powers that can be sought together in one petition or individually if only one is needed. Let’s discuss guardianship in depth What are the powers of a Guardian? Guardianship gives the guardian the right to manage the ward’s health and…
Read More“Guardianship” and “Conservatorship” …. We’ve all heard these terms but what do they really mean? What is the difference between these words? How, and why would you seek them for a loved one? Are they court proceedings; or can an attorney draw up the legal documents? Unfortunately, many people don’t learn the answers to these…
Read MoreThe guardianship process is complex, expensive, and often humiliating to the older adult. Most times, guardianship is also avoidable. Plan ahead to avoid guardianship. Whenever possible, guardianship should be avoided. The most effective way to avoid guardianship is to plan ahead. Sine there is no guarantee that we will be of sound mind up…
Read MoreCaring for an older adult with dementia or other serious illness brings on a whole new vocabulary and issues to learn about. Understanding guardianship and the legal rights of surrogate decision makers is usually at the top of the list. “What is the difference between POA and Guardianship?” We hear from stressed out…
Read MoreIt is news to many individuals that you can hire a professional to be the trustee or executor of their estate. Whether a will or trust is completed, everyone needs a representative to handle their estate after their death. For most individuals, this representative is a family member. If someone has no reliable family members…
Read MoreAfter the probate court appoints a guardian over a ward, the court stays involved in the ward’s care to supervise the ward’s affairs and monitor the actions of the guardian. Guardians must provide regular reports, known as Personal Status Reports, to the court to keep them updated on the ward. This report must include the…
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