Many people do not think twice about paying their bills, seeking medical attention, or other necessities of daily life. No one likes to think they will be in a position where they cannot make decisions about their daily life, but unfortunately, it does happen. It never hurts to plan and ensure that someone is appointed to make these important determinations regarding finances and other personal matters. The process can be complicated, but a Staten Island conservatorship lawyer can help you every step of the way.
A seasoned estate planning attorney knows what happens when you do not plan. When someone becomes incapacitated and does not have a conservator, their bank accounts, properties, personal belongings, and healthcare decisions can be impacted. Louis Lepore could advise you of the requirements for a conservatorship and advocate on your behalf, keeping you and your loved one’s best interest at the forefront. Every case is unique, and he will approach yours with your goals and circumstances in mind.
A conservatorship is also known as a guardianship. When someone becomes incapacitated and needs a guardian to make decisions on their behalf, a loved one can petition the court. In most cases, the individual is either mentally or physically incapacitated and cannot properly care for their own needs.
All adults are presumed competent to make decisions regarding their personal needs and financial affairs. As such, a third party must petition the court to declare someone incapacitated. The petitioner can be an attorney or a family member of the incapacitated individual. The court may appoint the petitioner as a conservator or a third party designated to serve in this role. Proving incapacity is a high bar, but people who believe their loved one needs protection should consult a conservatorship lawyer in Staten Island.
Every conservatorship is unique, and a good estate planning lawyer will advise clients based on their unique circumstances and specific goals. A guardian can be assigned when someone becomes physically or mentally incapacitated, and the severity of their incapacitation can greatly affect their needs.
A guardian can be assigned to assist someone with their personal needs and handle many of the same tasks as a healthcare proxy. A conservator can make important medical decisions and access confidential records on a person’s behalf. They can also decide where they will live, apply for benefits on their behalf, and make healthcare decisions.
A guardian could also handle financial needs and may have many of the same responsibilities as a durable power of attorney. They can manage properties, pay bills, enter contracts, access Social Security checks, organize assets, and give gifts on behalf of the incapacitated individual.
In some situations, the court may determine that a guardian must care for someone’s personal and financial affairs. To discuss additional benefits of establishing a conservator, contact a lawyer in Staten Island.
You may need to seek out legal guardianship for loved ones who cannot care for themselves mentally or physically. This type of decision is never easy and can upset the dynamics of your family. However, acting quickly to protect your family member’s personal and financial interests is crucial.
A Staten Island conservatorship lawyer could advise you on how best to protect your loved one’s finances and property. Establishing a conservatorship ensures that someone you trust will make important decisions regarding healthcare, finances, and other personal matters. Contact Louis Lepore to discuss your options during a private consultation.
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