FOR THE ELDERLY OR INCAPACITATED

What can we do when our aging or incapacitated relatives are no longer able to manage their affairs or care for themselves? Hopefully, they've benefitted from good estate planning advice and have a durable power of attorney authorizing their agent to act for them should they become incompetent.

But, if there is no power of attorney, it may be necessary to file a petition for guardianship or conservatorship with the local probate court. These types of guardianships can be tailored to the specific needs of the disabled person. Some are restricted to the person's financial affairs. Others include the personal care of the ward. All these cases require an experienced legal adviser who is sensitive to the rights and needs of the ward, as well as the challenges facing the family.

FOR MINOR CHILDREN

What is the most important estate planning decision young parents must make? It's who will raise their children in the event of the parents' untimely death. Young parents need to address this issue in their Will. In the unfortunate event that the parents do die prematurely, a guardianship for the minor children may be required to carry out the deceased parents' wishes. It will be necessary to petition the local probate court to appoint the guardian requested by the parents. Again, this is a sensitive matter requiring an experienced hand to bring about a successful result.

WE CAN HELP YOU

It is best to avoid guardianships, if possible. They require court proceedings, judicial oversight, and the loss of privacy. But sometimes they can't be avoided. In those cases, our experienced estate planning attorneys stand ready to successfully guide you through every step of the process.

To learn more about guardianships, contact us today for a consultation with an estate planning attorney.