Guardianship

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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Understanding Guardianships: Annual Reporting

By Hurley Elder Care Law | March 28, 2018

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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Understanding Guardianships: The Uniform Guardian, Conservatorship & Other Protective Arrangements Act

By Hurley Elder Care Law | March 26, 2018

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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Understanding Conservatorship: Protecting Loved Ones From Scammers

By Hurley Elder Care Law | March 21, 2018

“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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Can a Guardianship be Reversed?

By Hurley Elder Care Law | March 19, 2018

“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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Understanding Guardianships: How long do guardianships take to get? How long do they last?

By Hurley Elder Care Law | March 14, 2018

Each county has a Probate Court that handles their resident’s guardianship hearings. Generally speaking, it can take over a month to complete the entire process of filing, serving, evaluating, and holding the hearing to have a guardian appointed. The length of time really depends on the specific court being used; some courts have longer wait…

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