Guardianship
When it comes to planning for aging loved ones, there is no shortage of confusion and misinformation. Myths about Medicaid eligibility, protecting your home, and understanding legal terms can cause unnecessary stress during an already challenging time. At Hurley Elder Care Law, we believe knowledge is power—especially when it comes to protecting your family’s assets…
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…
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…
Nancy lives alone and suffered a major stroke. She cannot communicate her medical wishes, does not have a Georgia Advance Directive for Healthcare and her hospital care team cannot locate a friend or family member to help. Nancy has become “unbefriended”. In today’s world we are all familiar with the social media terms ‘friend’ and…
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…
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…
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…
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…
“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…
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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