Guardianship lawyers are skilled at negotiating the rough waters of guardianship or conservatorship for adults who are unexpectedly incapacitated. Elder law attorneys will file the appropriate documentation in order to protect the rights and property of the incapacitated individual.
Elder law attorneys always prefer that older adults plan ahead so that their spouses, children or grandchildren won't have to fight the courts or jump through expensive legal hoops in order to care for them when they are incapacitated. Unfortunately, advance planning isn't always possible when someone is unexpectedly incapacitated by a severe illness or accident. If someone you love suddenly can't make decisions for himself or herself, you'll need the advice and assistance of experienced guardianship lawyers.
Problems Arise When Someone Unexpectedly Loses Ability To Make Decisions
If an adult child, parent or other loved one is seriously injured in an accident or sustains sudden brain damage, it may not be clear who is supposed to make crucial decisions for that individual. In some cases, the choice is obvious; for instance, a spouse can decide for their husband or wife. But what if the spouse isn't able to do so or has already passed away? Adult children may end up squabbling over everything from medical decisions to which bills should be paid for an incapacitated parent. Although the injured or ill individual may have the money to continue paying the bills, if there isn't a guardianship or power of attorney in place, your hands may be tied. Meanwhile, bills will pile up and no one will have access to the needed funds.
Immediate Action May Be Necessary: Guardianship Lawyers Can Help
Elder law attorneys always suggest that specific documents be put in place before a person is injured or ill and beyond making rational decisions, but this isn't always possible. If your parents suddenly can no longer care for themselves, guardianship lawyers can file a petition with the courts seeking an Emergency Temporary Guardianship. This will enable you to make medical decisions for your parent as well as giving you access to their funds and property so that you can administer their estate until a final guardian is appointed.
Guardianship And Conservatorship: Two Sides Of The Same Coin
Guardianship lawyers and elder law attorneys work closely with family members who have been appointed temporary guardians in order to determine who is the most appropriate long-term decision maker for the estate of an incapacitated loved one. In some cases, a litigation lawyer may be needed if the family or courts can't agree on who is the best person for the job. There are several questions that will naturally come up as lawyers put together a plan that is best for the incapacitated person, often referred to as the ward:
• Who is best suited to make medical and personal decisions for the ward?
• Who can best handle any finances and investments for the person who is incapacitated?
• Should the same person make both medical and financial decisions for the loved one in question?
• Is the court-appointed guardian considering the wishes of the individual?
Minimizing The Need For A Litigation Lawyer
Being the guardian for someone you love can be extremely stressful, particularly if others in your family don't agree about how your parent or loved one should be cared for. A sibling or cousin you were previously on good terms with could contest the guardianship using their own litigation lawyer. To minimize the risk, be sure to listen to input from others and respect their suggestions. Elder law attorneys sometimes suggest that two different family members be appointed in order to minimize problems. In these cases, a guardian is put in charge of personal and medical decisions such as what kinds of medical care are appropriate and where the ward should live. Money matters, on the other hand, would be handled through a conservatorship that puts another individual in charge of the incapacitated individual's finances and property.
No one knows what the future will hold. If you unexpectedly find yourself in the position of having to make vital decisions for a loved one, be sure you consult with elder law attorneys as soon as possible. Guardianship lawyers can guide you through the court system, minimizing problems so that you can focus on your loved one's recovery.
What Does A Litigation Attorney Do And How Do You Choose One?
There are many circumstances that may require the assistance of a lawyer, and in many instances an individual may not require the services of a litiga...
5 Important Guardianship Questions To Consider
For anyone with children under the age of 18, establishing legal guardianship in a will is a difficult but vital task. In order to ensure your children are placed in the home of your choosing, here are five important questions to consider.
5 Questions To Ask Of Estate Lawyers
Interviewing estate lawyers can be a difficult process if you don't know the questions to ask. Here are a few queries that will help you decide on the right firm to assist with any of your estate planning needs.
