Guardianship & Conservatorship
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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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” …. 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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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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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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It 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…
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After 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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Last July, the Uniform Law Commission (ULC) adopted a new act to help states reform their current guardianship laws. Guardianship laws are complex, and they, like all laws, need updating. The ULC last issued a Uniform Guardianship and Protective Proceedings Act in 1997. Their current one took two years of committee work and is now…
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“My dad has early stages of dementia. He hasn’t been diagnosed, but we’ve been noticing some major changes over the last year and a half. My mom just discovered that he’s been taking out thousands of dollars from their checking account. When asked about it, he says that he’s just helping a friend out and…
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“I think that my mom was wrongly appointed a guardian. She has trouble talking and being understood, but she is not crazy or demented. What can I do?” Although rare, there are times when a person has inappropriately been deemed incompetent. Fortunately, the probate courts have a restoration process for terminating the guardianship. This is…
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