CONSERVATORSHIP AND GUARDIANSHIPS
Importance of Guardianship and Conservatorship Proceedings
When people do not have a complete Estate Plan in place and they are unable to make their own reasoned decisions due to illness or injury, a conservatorship is usually necessary to care for them. These situations can occur when you, or a loved one, is stricken with an end-of-life illness such as senile dementia or Alzheimer’s Disease, or as a result of other injury or illness resulting in incapacity during adulthood.
Conservatorships And Guardianships Are Complex And Require Legal Help
Conservatorships require court proceedings and court oversight, and are often expensive and time consuming. Estate Plans are a great preventative measure, and most often a conservatorship will not be required if you plan carefully.
When you recognize that your loved one needs a conservator you can turn to the attorneys at Bold, Polisner, Maddow, Nelson & Judson. Our firm has worked closely assisting families throughout California with conservatorship matters and elder law issues for many years. Our lawyers understand the issues facing the elderly, young adults with special needs, and their families.
Disabled Children And HIPAA
The Health Insurance Portability and Accountability Act (HIPAA) was passed in 1996. As it has been implemented, many parents of disabled adult children find that they can no longer discuss medical treatment with providers.
If your adult child has Down syndrome, autism, or some other disability and does not have the capacity to consent to medical treatment, we can help you seek an appointment as ongoing legal conservators. We have been helped countless families with disabled children.
Protecting Elderly Relatives
When elderly relatives do not have estate planning documents in place, or if they do and are being taken advantage of by others, a conservatorship may also be necessary. Frequently, this issue arises when family members cannot access the elder’s account to pay the bills after he or she has been diagnosed with some incapacity, such as dementia.
We help families through the process of having the court appoint a legal conservator. Occasionally these matters become hotly contested between family members, and our team is versed at handling any litigation.
Our practice also encompasses all aspects of elder law. We have helped families remove individuals from a power of attorney when there are allegations of fraud (depleting a savings account), and deal with threats and emotional elder abuse.
In your Estate Planning documents you may nominate a guardian for your minor children in the event you are one day unable to care for them before they reach the age of majority. If you do not make a written nomination, the court will appoint a responsible person to care for your children if you are no longer able to do so. Either way, by your nomination or by court appointment, legal proceedings are required to give a responsible adult the legal ability to take charge of your minor child’s personal care and finances, until that child is reaches legal adulthood. We can help.