Guardianship & Elder Law
Everyone is getting older and, while getting older may beat the alternative, it also raises numerous questions and challenges that can be difficult to understand and make sense of. At the Law Offices of Jonathan Gelber, PLLC, our attorneys are available to discuss these questions and challenges and help you get ready to confidently face the coming years.
We all make countless decisions every day and, as we age, we may need assistance in making these decisions. Our attorneys can provide you with an overview of the plethora of options that exist, and help you choose the best tools for planning for your future. As a basic estate planning tool, we can help you in preparing a will, and, if your finances require it, create and manage Trusts and/or inheritances. Additionally, we are able to assist in the preparation of living wills, advanced directives, and powers of attorney.
Guardianships and Conservatorships
There are situations in which a judge may decide that a person is unable to manage his or her own affairs and subsequently charge another with that duty, naming him or her to be the person’s “guardian” or “conservator.” A guardian is responsible for the personal affairs of the individual, which includes making decisions about his or her health, safety, support, care, education, treatments, and residence. A conservator, on the other hand, is charged with managing the individual’s estate and financial affairs. In either situation, the conservator or guardian is given control over the person’s personal and/or financial decisions for an indefinite period of time. While such control may seem a bit extreme, it is, indeed, often necessary. There are situations, however, where a total grant of control to another person is not necessary, and the need for a guardian can be met in some other, less limiting, manner. In such cases, one may consider appointing a Durable General Power of Attorney or a Health Care Power of Attorney, or creating a Living Trust – all things with which we can assist you.
Because the thought of turning control over to someone else can be very overwhelming, regardless of the path that one chooses, it is important to explore all of the options and discuss a plan before one is actually needed. We can help you make these crucial decisions, and ensure that your loved one’s access to care and benefits, as well as their general well-being, is maintained.