If you are like many residents of Gardner, you may reach a point in your life when you are faced with the agonizing decision to step in and petition for guardianship over an elderly family member or loved one. Wanting to help is the easy part. Deciding that a guardianship is necessary is not as easy because it entails taking away your loved one or family member?s independence. Being able to make decision for ourselves is something we all cherish. Deciding to take away that ability can be a heart wrenching, but necessary, decision.
If you have a loved one who appears to be unable to make daily decisions, deciding to step in can be a matter of safety, not interference. Not only could your loved one suffer physical injuries if you do not step in, but other, less well meaning, individuals could take advantage of your loved one.
State law determines what options are available in this situation. Both guardianship and conservatorship are common options. While the names are frequently used interchangeably, they often have different legal meanings. Typically, a conservator has legal authority over the estate of the ward, or person who needs protection and assistance, while a guardian has legal authority over the person of the ward. In other words, as guardian, you would likely be able to make decisions such as where your loved one will live and which physician he or she will use. Becoming a guardian requires court approval. If you are concerned that a family member or loved one is in need of a guardian, consult with a Gardner elder law attorney right away.
The Law Offices of James A. Miller is a member of the American Academy of Estate Planning Attorneys.
Tags: conservatorship, elder law, guardian, guardianship
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Source: http://www.worcester-estate-planning.com/blog/elder-law/gardner-elder-law-attorney-guardianships/
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