Senior Help Forum » Legal Assistance

Conservatorships

lmcgowan — Thu, 16 Apr 2009 10:17:31 +0000

In instances when adults are no longer able to care for their own financial matters, a loved one or court appointed professional may need to be appointed to handle such matters on behalf of the incapacitated adult.

According to NOLO, ”If a court appoints someone to take care of financial matters, that person is usually called a ‘conservator of the estate,’ while a person in charge of medical and personal decisions is a ‘conservator of the person.’ An incapacitated person may need just one type of representative, or both. The same person can be appointed to take both jobs. Both types of conservators are supervised by and held accountable to a court.’ Generally, conservatorships are established for people who are in comas, suffer from advanced Alzheimer’s disease, or have other serious illnesses or injuries.’”

Frequently the expenses associated with conservatorships (e.g., legal expenses, bond expenses, etc.), can be avoided by preplanning with a durable power of attorney.

Once again, we would like to remind you that it is imperative that you spend the time to ensure that you and your loved ones have all of your legal documents prepared and socialized within your family to try and prevent the need for such legal intervention.

How to Obtain Birth, Death, Marriage, and Divorce Certificates

awhite — Mon, 23 Feb 2009 11:21:36 +0000

So you’re helping your parent apply for some program and you’re confronted with the requirement for a birth certificate, or marriage license, and they don’t have it and haven’t lived in that state for a good long time. Now you have to track down the organization in some far flung locale, figure out the requirements and apply for that long lost document. We’re not going to tell you that it will be easy, but we will make it easier.

The Centers for Disease Control and Prevention maintains a page with links to all 50 states, District of Columbia, Guam, Puerto Rico, Virgin Islands, and even one to “Foreign or high-seas events”–the latter possibly reserved for presidential candidates. Each link takes you to a page with a summary of what you need to do and a link to responsible organization’s web site.

Check out the CDC’s page.

Elder Law: Seek Support Early On

lmcgowan — Mon, 09 Feb 2009 11:10:23 +0000

The Public Broadcasting Service (PBS) in their “Caring For Your Parents” handbook stresses that you shouldn’t “wait until a crisis to find a lawyer who specializes in legal planning for elders.” They encourage you to contact an attorney soon after you take on your role as caregiver to “help you avoid much aggravation and confusion.”

“If an elder’s income falls within certain guidelines, you may be able to receive help through the legal aid program from your local Area Agency on Aging or through volunteer lawyer programs of your local bar association. States offer legal assistance through the attorney general’s office.”

They suggest you look to the following resources for legal services:

The American Bar Association (state by state guide for attorneys, legal aid providers and other organizations)

The American Bar Association Commission on Law and Aging (state-by-state list of legal service providers)

The National Academy of Elder Law Attorneys (State-by-state guide for locating attorneys)