Importance Of Guardianship Proceedings
A guardianship allows a court to appoint an individual to manage the affairs of another person who has a disability and is over the age of 18. Disability could be caused by mental deterioration from Alzheimer’s, physical incapacity following a sudden illness, or developmental disability.
Guardians assume the right to make many decisions, but must do so in the person’s best interest. The actions of a guardian are also occasionally reviewed by the court.
When you recognize that your loved one needs a guardian, where can you turn? Our firm has worked closely assisting families in Auburn with guardianship matters and elder law issues for many years. Our lawyers understand the issues facing the elderly and 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 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 guardians. We have been helping many 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 guardianship 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 can help a family through the process to have the court appoint a legal guardian. Sometimes these matters become hotly contested between family members and we can handle any litigation.
Our practice also encompasses all aspects of elder law. We have helped families remove individuals from a power of attorney if there are allegations of fraud (depleting a savings account) and deal with threats and emotional elder abuse.