Elderly Guardianship

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

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

    53 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 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 due to a medical condition like dementia or stroke, it might be time to seek legal guardianship.

    130 Comments
  • What are the duties of a legal guardian for elderly parents?

    The duties of a guardian, are to oversee the welfare and safety of the person under guardianship, and to attend to the financial needs of the individual, using his or her assets wisely.

    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
  • 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 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.

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

    When a parent is diagnosed with Alzheimer's, at some point you or a family member may need to sell their home so they can move into senior housing. Here's what caregivers need to know before trying to sell their aging parent's house.

    10 Comments
  • 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.

    11 Comments
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