Do You Need A Guardianship Or Conservatorship?

How important it is to have a durable power of attorney and health care proxy in place cannot be overstated. No matter what stage of life you are at, it is important to ensure your wishes for your medical care and financial decision are carried out on your behalf as you have indicated in these significant planning documents. But what happens if you can no longer make medical or financial decisions for yourself and you do not have these planning tools in place?

Guardianship is a legal process that grants the guardian authority to care for, and to make decisions on behalf of an incapacitated person. A guardian may be appointed for an incapacitated person who has a clinically diagnosed condition such as Dementia or Alzheimer's that results in an inability to make decisions regarding their physical health, safety, or wellbeing.

Conservatorship is also a legal process that grants the conservator the authority to manage the property and business affairs of the incapacitated person.

Not only is there a difference in terminology here in Massachusetts, but there is a difference in the type of appointments. In fact, Courts can make decisions as to whether the incapacitated person needs a full guardianship or a limited guardianship appointment. A full guardianship appointment generally removes from an incapacitated person all personal decision making responsibility and authority. A limited guardianship appointment is made when a person's displays only some areas of diminished functionality. For example, a guardianship may be limited or apply only to medical treatment decisions.

Similarly, the concept of conservatorship includes both limited and unlimited conservatorships. While a full conservatorship generally removes from a person to be protected all control over his or her assets, a limited conservatorship may apply only to real estate investments and leave the protected person the ability to receive pension income and pay for monthly expenses.

Experienced Massachusetts Estate Planning Law Firm

At Cohen Law Services we focus our efforts on protecting those family members that need our specialized services. With more than 20 years of experience in this critical area of the law, we are well equipped to protect the interests of our clients and their families while providing them with the attentive service they deserve.

Our Westborough guardianship and conservatorship attorneys can help you make sure your action plan covers all of the issues important to you and sets clear guidelines for how you want your affairs handled.

Westborough Lawyers For Guardianship or Conservatorship| Call 508-986-9548 For An Appointment

At Cohen Law Services, you will find that our proof is in our integrity and our service. Contact us today to reserve an appointment to discuss drafting a will or creating a comprehensive action plan. If you are an existing client, please call 508 366 8805.

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