Elderly Guardianship Articles

  • How to Get Guardianship of a Senior

    If an aging loved one has not named a power of attorney and is losing their ability to think clearly and handle aspects of their daily life, it might be time to seek guardianship.

  • Why a Letter of Competency Should Be Part of Every Senior’s Legal File

    Adding this one simple step when a loved one creates or changes their will, powers of attorney and other crucial legal documents can minimize unnecessary stress and familial discord down the road.

  • How to Legally Force a Loved One to Move to a Senior Living Facility

    What is a caregiver to do when a senior is no longer safe living at home but refuses to consider moving to long-term care? Guardianship is a tool that allows adult children to make decisions on behalf of an aging parent when competency is in question.

  • What Is the Difference Between Durable and Springing Power of Attorney?

    Springing vs. durable POA: Because timing and a principal’s ability to make informed decisions are such important factors, there are two ways to write power of attorney (POA) documents that determine when they become active.

  • 5 Common Legal Issues That Caregivers Face

    Seniors and their caregivers are prone to many unique legal challenges. Explore issues with POA, guardianship, elder abuse and why it's important to enlist the help of an elder law attorney in a senior's care planning.

  • Stepping In as Alzheimer's Progresses: When the Court Must Decide

    When a loved one enters the later stages of Alzheimer's, planning now can help ease the pain of stepping in when a parent's ability to make financial and health care decisions slips away.

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  • Can a caregiver get temporary guardianship over an elder?

    If your mother is no longer able to provide care for your father and he is not competent to sign a durable power of attorney, petition the court to appoint a legal guardian and conservator.

  • What does a legal guardian do?

    The term “legal guardian” has different meanings in different states. Guardianship (or conservatorship) covers an elder's money, safety and/or welfare.

  • Why Elder Law Attorneys Aren’t Just for Seniors

    Working with an attorney who specializes in legal planning for older and disabled individuals gives senior clients peace of mind and allows their family members to understand and accept their roles and responsibilities before they must act on them.

  • Selling Your Parent's Home When They Have Alzheimer's

    Selling a home if a parent has Alzheimer's can an issue. Elder law attorneys say the sale of a parent's home is an issue they receive inquiries about daily. Here's what caregivers need to know before trying to sell their parent's house.

  • Can a Caregiver Change a Loved One’s Power of Attorney?

    Two common scenarios are when a caregiver no longer wishes to be POA and when a family member wants to challenge the legality of a POA’s actions. Changes are dependent on the principal’s competency, how the document is written and the desired outcome.