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Category Archives: Guardianship

Responsibilities of a Guardian & Conservator

Have you thought about pursuing guardianship or conservatorship over an adult family member who you believe can no longer handle their affairs? A guardianship is a legal relationship created by a court between a guardian and her ward, usually an incapacitated adult. The guardian has a legal right and duty to care for the ward.  [...]

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Recording for How & Why to Avoid Guardianship and Conservatorship

I had the pleasure of speaking with Barbara Friesner, of AgeWiseLiving, on her AgeWise Living Radio Show about Why and How to Avoid Guardianship and Conservatorship (click to listen to the recording.)  You may want to turn the volume down on your computer before clicking the link to the show, since the audio starts right [...]

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Why & How To Avoid Guardianship or Conservatorship – Radio Show

I will be speaking on Tuesday at 11:00 a.m. Eastern Time on the AgeWise Living Radio Show about Why and How to Avoid Guardianship and Conservatorship.  I will be talking about what a guardianship and conservatorship are, why one or both would be needed, what the process is for obtaining them, what the costs associated [...]

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Financially Preparing for Kids With Special Needs

The following US News & World Report Article was brought to my attention by fellow attorney Steve Worrell, who posted it on his Georgia Wills Law Blog.  Regardless of what state you live in, it is important to work with an attorney who can help you put a plan in place for your family which [...]

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New Massachusetts Medical Certificate for Guardianships

** July 1, 2009 UPDATE** There is now a newer procedure and forms for guardianships and conservatorships in Massachusetts. The forms can be found here, or on the local court website. I will be posting about the new procedure shortly.
(This post referred to the new certificate effective in early 2008.)
The Massachusetts Probate Courts [...]

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Guardianship – Authority and Responsibility of the Guardian

In general, the guardian has complete control over the financial, medical and personal decisions of the ward. This includes where the ward will live, how the ward’s money is spent, and making routine medical decisions for the ward. A ward has no more authority to make these decisions for themselves. 
The guardian also has the [...]

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Guardianship of An Aging Parent – the Process

Having to consider a guardianship over an aging parent is difficult,
although sometimes necessary.  In most cases, if someone has a
comprehensive durable power of attorney drafted and a health care proxy
in place, that should do away with the need to pursue a guardianship.
However, if the appriopriate documents have not been drafted, or if
they are insuffucient to [...]

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