There may come a time when adult children have to make the decision that their elderly parent needs extra care. Giving elderly people with Alzheimer's or other dementia-related illnesses in Massachusetts the care they need may include becoming a guardian for a parent. But guardianships can be confusing, so it might help to know a little about how to go about getting one to be able to make decisions for a parent or loved one who can no longer do so.
Sometimes, people need assistance making decisions or managing their property because they are incapable of doing so under the law. In Massachusetts, guardianships and conservatorships allow for personal representatives to be named for these people. What is the difference between the two?
There are times in a person's life when he or she may no longer be able to make personal choices. Perhaps that person doesn't have family able or living nearby to care for him or her. In this instance, a Massachusetts court may appoint someone to be that person's guardian. A guardianship is meant to protect the subject of the agreement and ensure that he or she receives needed care. Unfortunately, there are times when even the professionals don't hold to that duty.
Visiting the topic of death and what would happen to the well-being of your children if you and your spouse were to pass away can be a difficult discussion to have. However, despite the heaviness of the topic, it is critical that you consider who in Massachusetts would care for your children and raise them into adulthood if something tragic were to happen to you and your spouse while your children were still dependent on the two of you.
Doctors still do not have a complete understanding of many diseases and conditions that lead to mental impairment. Until these situations are preventable or completely treatable, it makes sense to include the possibility in your estate planning documents.
When creating your Massachusetts estate plan, there are many factors to consider, from who gets the jewelry and car to setting up a trust for your minor children or grandchildren. However, establishing a legal guardian in the event you become incapacitated is crucial to maintaining your care and finances. At Curley Law Firm LLP, we help clients protect their assets and minimize general liability risks by ensuring a responsible person can make decisions if mental capacity becomes impaired.
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.
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.
Massachusetts residents should be aware of abuses taking place under guardianship and conservatorship arrangements. You may think you are unlikely to find yourself in this situation. However, according to Forbes, roughly 1 million to 2 million people in America are under conservatorship or guardianship.
When a person becomes incapacitated in Massachusetts, he or she may have identified a health care proxy to make medical decisions. However, this agent does not have the authority to make financial decisions and take care of assets.