There may come a time when you need to have the legal authority to make important decisions for a spouse, family member, or loved one. While there are some decisions that a spouse may make as a matter of law, even the authority of a spouse is not always as clear as you may think it should be. If your relationship is only that of a family member or loved one you may find that the law does not allow you to make any decisions without a court order unless the possibility of incapacity was planned … [Read more...] about Guardianship vs. Power of Attorney in St Louis Missouri
With the life expectancy of Americans inching closer and closer to 100 years the older American population continues to grow exponentially. By 2050, experts tell us that the over 65 age group will outnumber the under 21 age group for the first time in the history of the planet. Although we are living longer we are still battling diseases such as Alzheimer’s. If your parents are approaching, or are even well into, their golden years you may be faced to answer the question “Does my mother need a … [Read more...] about Does My Parent Need a Guardian?
The life expectancy of the average American has increased over 20 years in the last century. This means that we are expected to live longer and chances are our parents and other older relatives will live longer as well. Overall, this is certainly good news; however, the reality is that living longer also increases the likelihood of suffering from an age-related dementia disease such as Alzheimer's. If you have a parent, or other elderly relative, who you believe has reached a point at which he … [Read more...] about How to File for Guardianship in St. Louis Missouri
No one likes to think about the possibility of one day not being capable of handling their own affairs. If you are like many people, you may be taking a “bury my head in the sand” approach to the possibility. Incapacity though can happen to anyone and it is not limited to the elderly. While your chances certainly go up as you age, a catastrophic car wreck or debilitating disease could leave you incapacitated at any time in your life. Are you prepared? If you are like the majority of people, the … [Read more...] about Avoiding Conservatorship or Guardianship
If you suspect that someone you care about has become the victim of elder abuse, there are a number of steps you should take. First, the local authorities should be contacted. Next, file a complaint with the state licensing agency. Finally, and most importantly, you should take the legal steps necessary to gain control over your loved one in order to remove him or her from the abusive situation. This last step may sound obvious and easy; however, in many cases it is not as easy at it sounds. … [Read more...] about Petitioning for Guardianship or Conservatorship
As we age, our family members and loved ones age as well. If you are lucky, you will have parents, grandparents or other family members who are still around to enjoy their golden years. The golden years, however, can be fraught with medical, emotional and even legal issues that may require the assistance of an elder law attorney. Elder law is a relatively new term within the legal field and refers to a broad area of issues that may face the elderly and those who care for them. If you are the … [Read more...] about Do You Need an Elder Law Attorney?
If you are the parent of an adult disabled child or the family member of an elderly individual in declining health, you may need to consider petitioning the court for conservatorship over the individual at some point in time. As in many states, Oregon separates the duties of a guardian and those of a conservator. A conservator has control over the finances, money, and property of the protected person while a guardian has control over the personal affairs of the protected person. Before a court … [Read more...] about What is a Conservatorship?
If you have an adult family member or loved one who you believe is unable to care for themself, you may wish to seek guardianship over them. State laws will vary somewhat; however, a guardian is generally someone who has control over the person, whereas a conservator has control over the estate of the person. In practical terms, this means that as guardian you will be able to make decisions such as where they will live and what doctor will treat them. Only a court can decide if someone requires … [Read more...] about Reasons to Seek Guardianship of an Adult
If you have an elderly family member or loved one who has become incapable of caring for himself or herself, you may wish to step in and help make day to day decisions for your family member or loved one. Unfortunately, you may also have found out that having good intentions, or even being related to the person, is often not enough to allow you to make those decisions. Often, an appointment as guardian of the ward, or person who needs assistance, is required before you can help. State laws … [Read more...] about Elder Law – How to Petition for Guardianship
The point of comprehensive, holistic estate planning is to examine all of the realities that go along with the inevitable process of aging and prepare yourself and your family for any possible eventuality. Some of these things are not pleasant and there is no candy coating them, but they need to be addressed all the same. Nobody is especially anxious to think about a time in the future when they may become unable to make their own decisions, but we have all known or heard about people in this … [Read more...] about Conservatorship and Guardianship