By having powers of attorneys, living wills, and other such devices in place, you can keep your family from needing to go to court to help you if you are unable to help yourself. Call us to explain your options in the event of incapacity.
If you have a family member that failed to plan or someone that never had the option to plan and he or she is now unable to make financial and/or medical decisions due to incapacity, you will need to file for a guardianship and/or conservatorship. Basically a guardianship gives the guardian, the ability to make medical, living, and other decisions for someone (called the ward) who is unable to make decision on his or her own. A conservatorship, on the other hand, allows the conservator to take responsibility for the financial aspects of an incapacitated individual's estate. The ultimate goal of either legal mechanism is to allow someone to manage the affairs of an incapacitated individual, but only to the extent necessary. So if someone can still make certain decisions on his or her own, the court will allow them to continue to make those decision, while you make the decisions he or she cannot.
Sometimes there is also the need to file for a guardianship or conservatorship on behalf of a minor who has lost his or her parent(s) or whose parent(s) is unable to cope with the responsibility of child rearing.
Please contact us for more advise on how to establish a guardianship or conservatorship, or about ways to avoid the need for court intervention.
The use of this website does not create an attorney-client relationship. Although I hope the information contained on this website will be helpful, it should not be a substitute for legal advice from an attorney that has reviewed the intricacy of your case.