Elderly Guardianship

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

    What is a caregiver to do when their elderly parent refuses assisted living or nursing home care but is no longer safe living at home? If the senior in question is no longer competent, then guardianship may be a solution.

    59 Comments
  • Getting Your Affairs in Order: Preparing for the Possibility of Dementia

    Encouraging aging loved ones to plan ahead legally and financially can make it easier for a trusted individual to step in and help them should they lose the ability to make decisions due to an unexpected diagnosis like Alzheimer’s disease or dementia.

    3 Comments
  • How to Get Guardianship of an Elderly Parent

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

    131 Comments
  • What Are the Duties of a Guardian for the Elderly?

    A legal guardian can be responsible for overseeing an incompetent elder’s personal well-being, financial well-being or both. These duties may seem straightforward, but guardianship is a very serious commitment.

    23 Comments
  • 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.

    8 Comments
  • Why Elder Law Attorneys Aren’t Just for Seniors

    Planning ahead benefits seniors and their family caregivers. Working with an attorney who specializes in elder law gives seniors peace of mind and allows family members to understand their roles and responsibilities before they must act on them.

    0 Comments
  • What Is a Professional Fiduciary?

    When friends or family members are unwilling or unable to take responsibility for an elder's legal, financial and medical decisions, professional fiduciary services can ensure that their affairs are taken care of.

    8 Comments
  • Legal Competency: When Is It Too Late to Create a Will, Trust or POA?

    It is crucial to engage in proper legal planning with family members while they are still of sound mind. An elder law attorney outlines competency criteria that must be met in order to obtain valid legal documents before a crisis strikes.

    32 Comments
  • Durable vs. Springing Power of Attorney: What’s the Difference?

    Power of attorney (POA) documents are an important part of a person's legal plans.The way a POA document is written determines when it goes into effect and specifies what powers the agent holds.

    94 Comments
  • 5 Common Legal Issues Caregivers Face

    Seniors and their caregivers are prone to many unique legal challenges. Learn about the most common elder law issues families face and why it's important to enlist the help of an elder law attorney in a senior's care planning.

    24 Comments
  • 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.

    6 Comments
  • Why Your Aging Parents’ Finances Are Your Business

    Speaking with your parents about their financial future isn’t an easy thing to do. However, a bit of planning and candid conversation will prevent unnecessary complications if someone needs to step in to manage their affairs.

    2 Comments
  • Selling Your Elderly Parent's Home When They Have Dementia

    Many adult children are faced with the prospect of selling their parents’ homes to pay for their care. This may make sense financially but can be legally complex. Here’s what a caregiver should know before trying to sell their aging parent's home.

    12 Comments
  • Elder Self-Neglect: A Hidden Hazard

    Most people are aware that seniors can be very vulnerable and that older adults are often targets of scams and abuse. However, there is another equally serious threat to the elderly that receives far less attention: self-neglect.

    3 Comments
  • Can a Caregiver Change or Resign Power of Attorney Responsibilities?

    There are a few legitimate reasons why family members may want to change an aging loved one’s power of attorney designation, or remove themselves from their responsibilities as POA.

    11 Comments
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