Fleischmann Legal Group's Elder Law Attorneys can assist with Power of Attorney, Medical Power of Attorney, Guardianship and More. Individuals assisting seniors often discover that seniors have special legal needs.
Fleischmann & Shutt Law Firm's Elder Law Attorneys can assist with Power of Attorney, Medical Power of Attorney, Guardianship and More.
Individuals assisting seniors often discover that seniors have special legal needs. Seniors may need legal assistance in a variety of situations…
Seniors may need help managing financial affairs. An elder law attorney can help you create a Power of Attorney. With a Power of Attorney, a senior will gain the assistance of an agent (sometimes called "attorney-in-fact") to help pay the bills and manage bank accounts.
Seniors may also need help with medical decisions. Several documents address this issue, such as the Living Will and Medical Power of Attorney document.
If Alzheimer's or other serious medical condition is an issue, you may want to ask the lawyer about Guardianship. In the event of incapacity, a guardian assists the senior by making important decisions when the senior is no longer able.
Seniors should consider getting a Last Will and Testament and/or Trust if they have not already done so.
Attention must be taken when seniors transfer assets. Transferring money or a house can have negative tax consequences or even affect eligibility for public benefits assistance. Contacting an estate planning attorney with experience in assisting seniors may be a good idea in making transfers of assets.
Contact a guardianship law office to schedule a free consultation. Discuss the alternatives, such as a trust or power of attorney. If guardianship is the best legal option for your situation, the guardianship attorney will file for a guardianship hearing.
Before the guardianship hearing at the probate court, the court will hire an independent attorney ad litem to satisfy the court that guardianship really is in the ward's best interest.
Schedule a free consultation with a North Texas guardianship attorney by calling (817) 779-4070 for the Mansfield office, (214) 302-8197 for the Richardson office, or by using the online contact form.
Becoming a guardian involves taking on a large responsibility and legal duty. For this reason, the courts do not take guardianship lightly. The potential guardian must attend at least one guardianship court hearing, and this requires a guardianship lawyer. Guardianship law is handled by the probate courts, and these courts have well-established systems for handling guardianship matters:
Initial Consultation
Schedule a consultation with a guardianship attorney to help weigh the pros and cons of obtaining guardianship and explore alternatives.
Court Hearing
At the hearing, the proposed guardians, the guardianship attorney, and the attorney ad litem will testify to the judge that guardianship is necessary.
Ongoing Responsibilities
After the initial guardianship hearing, the guardian must file a report with the court annually, or more if there are changes in the ward's situation.
Long-term Commitment
The process of becoming legal guardian is relatively quick, but becoming a guardian is a long-term commitment with ongoing responsibilities.
When an elderly adult or a young person with special needs has become legally incapacitated, a court can name a guardian for the incapacitated person. The guardian becomes responsible for the care of the incapacitated person (the "ward," in legal terminology):
Don't navigate guardianship law alone. Contact Fleischmann Legal Group today to schedule your free consultation and get expert guidance for your guardianship case.
