In some cases, an elderly parent or disabled child can no longer manage his/her own affairs due to mental incapacity or physical deterioration. In situations like these, it may be necessary to intervene on the person's behalf to take control of his/her personal affairs as well as health care.
If a durable power of attorney does not exist for situations like this, a petition to probate court must be made. At probate court, it will be necessary to establish two crucial elements to take control:
- Your loved one will need to be declared incompetent
- You will need to be appointed as the legal guardian and/or conservator
A Guardian is granted the authority to make decisions about the personal care of the individual. This often includes medical care, medical treatment, placement in a nursing home or other assisted living, and general responsibility for the individual.
In some cases, these sensitive matters can become hostile proceedings. An experienced estate planning attorney can help minimize this hostility by explaining the goals of Guardianship. At the Watkins Law Firm, we represent adult children, parents of special needs children, and other family member or caregivers seeking to establish guardianship or conservatorship.
Contact us today to schedule a FREE Consultation and which estate planning tools may be better suited for your specific situation.
