Guardianship & Conservatorship

Mom won't move into assisted living

Mom won’t move into assisted living: Can I make her?

By Miles Hurley | July 18, 2023

Last week’s Hurley Elder Care Law blog and newsletter article prompted some phone calls to our office with more questions about Guardianship and Conservatorship. A common call to our office is from an adult child who asks if they have “the right” to move their mother into an assisted living community against the mom’s will. In…

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evaluation process

The Who, What, Where, When and How of Guardianship/Conservatorship Evaluations

By Miles Hurley | July 11, 2023

Recently we presented a community webinar, “Navigating Resistance to Care with Strength & Compassion”. We discussed Guardianship/Conservatorship as a last resort when families face resistance from their loved ones. When applying for a Guardianship/Conservatorship an evaluation is required. How does the evaluation process work? Is a Guardianship Necessary? If an individual has lost sufficient functional…

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Old Couple

Alcohol & Substance Abuse: The Invisible Epidemic for Seniors

By Miles Hurley | May 17, 2022

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…

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Caution! Misinformation is Everywhere

By Miles Hurley | March 8, 2022

Misinformation 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:…

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right to establish a residence

Capacity vs. Competency- When to Seek a Guardianship

By Miles Hurley | November 9, 2021

Who’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…

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Conservatorship in depth

Conservatorship in depth

By Miles Hurley | July 27, 2021

Today 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…

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Guardianship and Conservatorship

Guardianship in depth

By Miles Hurley | July 20, 2021

This 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…

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Guardianship and Conservatorship

Guardianship and Conservatorship

By Miles Hurley | July 13, 2021

“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…

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Estate plan

Guardianship Mistakes: Failing to Plan

By Miles Hurley | March 19, 2020

The 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…

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Guardianship and Conservatorship

Guardianship Mistakes: Misunderstanding the Basics

By Miles Hurley | March 12, 2020

Caring 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…

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