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.
You have just started planning your estate and are working through one of the many steps of coordinating a well-rounded plan. One of the things you will need to arrange is guardianship of underage children that you may have. At Curley Law Firm LLP, we have helped many families in Massachusetts to manage the details of coordinating guardianship.
Sometimes situations may arise for you, as a parent in Massachusetts, which prevent you from taking care of your child. When such circumstances arise, the court intervenes in order to place your child in the care of a competent guardian as long as is necessary, whether it be on a short-term basis or until the child comes of age.
We have written about some of the reasons for guardianship, such as an adult who is struggling with a mental handicap which leaves them unable to take care of themselves. Guardianship is a great way for people who are unable to care for themselves to receive the support they need on a regular basis, but there may be times when a particular guardian is no longer providing someone with the level of care they deserve. Becoming a legal guardian is an important responsibility, and some people are not ready to handle these duties.
While it can be unpleasant to think about, if you have minor children it’s recommended that you name a guardian in your estate plan in the event you and your spouse are deceased. The decision to name a guardian can be difficult for many people and you may worry that you’ll alienate friends or family by the choice you make. Because the process is so challenging for many parents, Forbes offers the following advice.
Many parents in Massachusetts take care of the special needs of their children with autism without a second thought as to their authority to be a child’s decision maker. However, when their child becomes a legal adult, things change.
You have recently come to the conclusion that it is time to name a legal guardian to take care of your children in case something tragic ever happens to you and your spouse. While it may seem relatively simple to choose someone you trust in Massachusetts, have you ever considered the potential that you offend someone you love because you did not choose him or her? Fortunately, there are effective ways that you can carefully navigate around feelings while still choosing someone who you are completely comfortable with.
If you are trying to decide whether or not becoming a guardian is the right move, it is vital to carefully go over the details of your loved one's circumstances and review the benefits of guardianship. Whether the person in question is a young child or an elderly individual, there are a variety of advantages that often come with guardianship and you might be able to find peace of mind knowing that you have done what you can to provide them with the support they need. In Wakefield and other Massachusetts cities, people might struggle with the idea of becoming a guardian at first, but later on they might find that the arrangement allows them to make a major difference in their loved one's life.
FindLaw defines a guardian as "someone who makes legal decisions for another person, called a ward, who is unable to make those decisions on [his or her] own." Experts at Curley Law Firm LLP have assisted many Massachusetts residents who, for reasons outside of their control, have needed to establish guardianship in the best interest of a friend or loved one.
Many different legal matters may arise in probate court, leaving entire families unsure of what the outcome will be. However, guardianship proceedings can seem particularly complicated for those who may not be familiar with the process. However, establishing guardianship can be an excellent way for people to help take care of their loved ones when they have become incapacitated due to a mental illness or another issue. Curley Law Firm understands how emotional and even stressful these hearings can be for people in Wakefield and all across Massachusetts, which highlights the importance of reviewing the situation thoroughly.