GUARDIANSHIPS & CONSERVATORSHIPS
A proper estate plan’s goals are to avoid disputes and probate court intervention, but sometimes the decision to plan comes too late. What if you or your loved one loses legal capacity and doesn’t have a power of attorney or health care power of attorney? Probate court must become involved to protect the well-being and assets of that incapacitated individual.
Individuals are considered incapacitated by the court when they are under the age of 18, developmentally disabled, or become unable to make their decisions due to an illness or a mental defect by law. We help families where minor family members’ parents die or when both parents cannot care for them, a loved one with special needs that meets the legal standard, and those who have lost legal capacity due to a progressive condition or an accident.
Our law firm is often approached by a loved one’s family member asking that we be retained to place that person as a guardian and conservator for a parent or other family member. If a loved one may now or in the future need assistance with management of assets or activities of daily living, feel free to contact us.
Because loss of legal capacity can be progressive, many families approach our office in advance while an elderly family member is still able to help in making the decision regarding appointment of a guardian or conservator. If you or a loved one have a progressive condition, such as Alzheimer’s or dementia, now is the time to contact us and designate your chosen representatives.