It is painful and distressing to watch a loved one lose the capacity to manage his or her own affairs due to advancing age or illness such as Alzheimer’s disease, or injury.

When you feel a loved one can no longer manage his or her finances, health care, or daily decisions, it might be time to seek a guardianship. A guardian is someone who is appointed by the court make decisions for another person, called the ward, due to the ward’s incapacity. As a guardian, you can help ensure that your loved one’s basic needs are met.

Seeking a guardianship is a major step, not to be taken lightly. Guardians act under close court supervision, and a guardianship can be obtained only after a court hearing.

Our attorneys work as a team with geriatric nurses and medical specialists to identify options that can be tailored to best meet your loved one’s needs with the least amount of disruption to the family.

Helping you make the best choice

Taking action while your loved one is still mentally competent, can recognize the problem and can cooperate in its resolution, increases the available options and makes them easier to implement. So do not delay in dealing with an unpleasant reality.

Many tools can be used in place of or in addition to a guardianship, including the following:

• A health care directive — specifying the individual’s wishes about the course of future medical care
• Durable powers of attorney — granting decision-making powers to trusted individuals over specific matters
• One or more trusts — to hold and manage property on the individual’s behalf
• Naming a Protective Payee or Representative — a person who receives specific funds (such as Social Security or Veterans’ benefits) and administers them on the individual’s behalf
• Social support programs and services — to help meet care needs, and which our team identifies

If a guardianship is needed, several variations exist:

• A conservatorship or guardianship of the estate manages only the ward’s property and finances.
• A limited guardianship gives the ability to exercise only limited, specified powers on behalf of the ward.
• Plenary guardianship grants the right to exercise all the delegable legal rights and powers of the ward.

Our attorneys work with geriatric medical specialists and advise on the best option to meet your loved one’s needs with the least family disruption. With our knowledgeable attorneys by your side, you will have experienced and capable representation during the legal process, providing the best chance of obtaining the best result for all involved in this difficult situation.

Additionally, our firm will continue to assist in handling the annual reporting required by the court. We can be there through every step of the process.