Elder law is legal life care planning that safeguards the needs of an individual. Elder law includes estate planning, health-care decision making with the use of Advance Directives, and guardianships and conservatorships.
A guardian is a person appointed by the court to make medical and placement decisions for a loved one who no longer has the capacity to make those decisions. A guardian will file an annual guardian’s report with the court.
A conservator is a person appointed by the court to manage the finances and assets of a loved one who is no longer able to manage his or her own property. This may be due to reasons such as mental illness, mental deficiency, or physical illness or disability. Until a court legally determines that the individual is incapacitated, that person retains all of their rights and their decision-making abilities.
Before petitioning the court to be appointed as guardian or conservator, it is important to determine if less restrictive options are available. The attorneys at Hurley Re can discuss your options and help you determine what the right option is for you.
Special Needs Trusts
Persons with disabilities often receive important benefits that allow them to access supplemental income and medical care. A special needs trust serves to help these individuals maintain their eligibility for benefits when their resources may exceed a program’s stated limits. A special needs trust may be funded with assets owned by the disabled individual, or it can be funded with assets contributed by someone else, such as a family member or friend.