Watching your parents grow older is rarely easy, but it can prove particularly difficult if they start to lose their memories, break down physically or otherwise change before your eyes. In some cases, older Americans become unable to care for and make sound decisions on their own behalf, which may result in you looking to establish either a guardianship or a conservatorship.
When seniors in Massachusetts become too old to care for themselves, concerned parties may establish guardianships and conservatorships to protect them. The problem is that these well-meaning systems often cause more harm than good to unsuspecting seniors who may even welcome the additional assistance.
On a daily basis, many people experience high levels of stress, uncertainty and negative emotions. There are many reasons why these challenges arise, from a complicated divorce to problems at work and the consequences of an injury. Unfortunately, this can hold people back in other ways and may cause them to push off crucial estate planning responsibilities that need to be taken care of. For example, someone may postpone setting up an estate plan because of hardships they are facing, or they may neglect to revise their estate plan even though critical changes are necessary.
If you have a loved one who recently passed away in Wakefield, then you and others who were close to them may be justly concerned about how their estates will be handled. Given a majority of American adults do not have a will, then there is a strong possibility that no provisions are in place dictating how your deceased family member or friend's assets are to be distributed. Many come to us here at the Curley Law Firm LLP in the same situation thinking that when one dies without a will, their descendants are free to determine how their estate is to be handled. Unfortunately, that is not the case.
Guardianship is ideal for many people, such as minor children who are in need of an adult to take care of them and people who have become incapacitated due to age or for another reason. However, mental illness is another reason why some people are in need of guardianship, and we will explore a number of issues related to this topic. Whether you have an adult child who is struggling with a mental illness or someone else in your family is mentally ill, it might be a good idea for you to examine some of the potential benefits of guardianship.