January 25, 2016
by Raleigh Lawyer
Comments Off on Understanding Adult Guardianship, Part Three

Understanding Adult Guardianship, Part Three

When someone is unable to make decisions on her own, she needs the help of a guardian, which is appointed by the court. Adult guardianship is common among seniors who are experiencing declining mental capacity due to their age, or because of the effects of dementia or stroke.

Understanding Adult Guardianship | Estate Lawyers in Cary NC

In the first part of this series, our estate lawyers in Cary NC explained how adult guardianship works for people with disabilities. In many cases, it is sought when the person turns 18 and is considered a legal adult but is mentally incapable of making his or her own decisions.

Now we’ll look at situations where elderly people may need someone to petition for guardianship because they are unable to make their decisions because of mental decline or brain injury.

In any situation, when one seeks guardianship of another, he or she must submit a petition to the court that presents evidence the person needs help. If the person has dementia or Alzheimer’s, a court psychologist can determine it during the hearing but other evidence will need to be submitted and reviewed as well. When someone has a guardian appointed, he or she is considered a ward.

Klish and Eldreth, PLLC | Estate Lawyers in Cary NC

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our estate lawyers in Cary NC are here to help you get your estate plan in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to estate planning. Contact our office, today, to get started.

Also, remember that our law office offers other legal services for you, as well. Whether it’s entertainment law, family law, small business law and others, our estate lawyers in Cary NC are available to help you through your legal situation. Contact us, today, to make an appointment.

Below, you’ll find other blogs in this series. Be sure to read over this information, as well:

 

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January 25, 2016
by Raleigh Lawyer
Comments Off on Understanding Adult Guardianship, Part Two

Understanding Adult Guardianship, Part Two

Welcome back. In our previous blog, our estate lawyer in Cary NC began discussing adult guardianship and when it might be needed. Below, you’ll find more detailed information that goes along with it. If you have questions while reading, be sure to contact our office or make an appointment to come in and have a consultation.

Adult Guardianship | Estate Lawyer in Cary  NC

 

In the case of mental disability, guardianship may be sought when the person turns 18 and is considered an adult by law, but may not be able to care for himself. There have been some cases where the disabled person wanted to have some independence, so the guardianship that was appointed was limited to overseeing certain decisions so that the ward could retain a sense of control over his life.

When someone suffers a brain injury or stroke that affects his mental capacities, it can be necessary to have a guardian appointed to manage certain affairs, such as finances, investments, and property. It is important that someone is able to take care of these matters because there may be bills to pay and investments or real estate to update so that they will not lose their value.

In either case, the guardian is only appointed authority over the areas the ward is not able to manage. It may include personal and financial matters, but it may only be over some areas of his life. The guardian is not expected to watch over the ward 24 hours a day, but he or she should be available to step in when the ward needs help making a decision or to give consent when the ward is not able to do so.

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our estate lawyer in Cary NC is here to help you get your estate plan in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to estate planning. Contact our office, today, to get started.

Also, remember that our law office offers other legal services for you, as well. Whether it’s entertainment law, family law, small business law and others, we are available to help you through your legal situation. Contact us, today, to make an appointment.

Below, you’ll find other blogs in this series. Be sure to read over this information, as well:

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January 25, 2016
by Raleigh Lawyer
Comments Off on Understanding Adult Guardianship, Part One

Understanding Adult Guardianship, Part One

Adult guardianship is necessary when a person is unable to make decisions on his own behalf. There are several cases in which a person may not be able to manage his own affairs, including mental disability, an injury that affected the brain, or a senior with dementia or Alzheimer’s disease. When someone has a guardian appointed, he is referred to as a ward of that guardian.

Understanding Guardianship | Estate Planning Attorney in Cary NC

Guardianship is appointed by the courts after a petition has been submitted. A hearing is held to review the evidence presented by the person requesting to be guardian. The person allegedly needing guardianship is usually present and represented by an attorney.

In this series, we’ll look at two main types of adult guardianship. First we’ll look at how it pertains to people with mental disabilities or injuries. In the second part, we’ll discuss how it affects seniors who are unable to care for themselves due to declining mental capacity.

It can be tricky to determine if an adult over 18 years old needs a guardian because the diagnosis of injury or disability does not necessarily mean that the person cannot care for himself.

When someone seeks guardianship for an adult, he or she usually focuses on whether or not the person can make a decision about living arrangements, medical care, going to school or securing a job, and how to manage finances.  Sometimes these questions are asked in order to determine the person’s decisional capacity.

  • Does he understand that a decision needs to be made?
  • Does he know his options and the results of each option?
  • Does he feel comfortable making the decision?
  • If not, can he ask for help from someone else?

For more information regarding adult guardianship, be sure to visit back with us during our next blog post.

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our estate planning attorney in Cary NC is here to help you get your estate plan in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to estate planning. Contact our office, today, to get started.

Estate Planning Attorney in Cary NC

Also, remember that our law office offers other legal services for you, as well. Whether it’s entertainment law, family law, small business law and others, we are available to help you through your legal situation. Contact us, today, to make an appointment.

Below, you’ll find other blogs in this series. Be sure to read over this information, as well:

 

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January 11, 2016
by Raleigh Lawyer
Comments Off on Different Types of Guardians, Part Three

Different Types of Guardians, Part Three

Welcome back. Our estate planning attorney in Cary NC is back to discuss the final types of guardians that you might need to appoint within your estate. If you have questions during this article feel free to contact our office.

Limited Guardian | Estate Planning Attorney in Cary NC

A limited guardian has authority for a certain aspect of the ward’s affairs, but not all areas. If the ward is a minor, this type of guardianship may be given if the parents disagree with a medical procedure, but the court finds that it’s in the child’s best interest to have the treatment. The court may appoint the doctor or other caregiver as limited guardian so that he or she would have the ability to authorize treatment. In other cases, such as with an elderly ward, the guardian may be appointed to take care of certain matters that the ward isn’t capable of handling. This type of guardianship gives the ward control over certain matters, making them feel less dependent on other people’s help.

Plenary Guardian | Estate Planning Attorney in Cary NC

A plenary guardian has the most rights and responsibilities of the ward. It is what parents have as legal guardians of their children. It involves overseeing both the child and his or her activities, in addition to any finances or property until the child is 18 years old. When a child is over 18, plenary guardianship can be given if the child is unable to make his or her own decisions. This is often due to a mental or intellectual disability that impairs one’s ability to care for him or herself and make rational decisions.

The procedure for obtaining guardianship, regardless of what kind, involves filing a petition with the court and then waiting for a hearing to be scheduled. The court then reviews the information, such as proof that the ward is not capable of caring for him or herself, and decides if he or she needs a guardian. The specific needs of the ward as also considered, and factor into how much responsibility the guardian is given. Once the hearing is complete and the guardianship is appointed, the court issues “letters of office,” or certified proof of his or her powers and appointment.

If you haven’t appointed a guardian and need to update your estate plan, or you haven’t reviewed your documents in several years, now might be the best time to do so, now The beginning of the year is a great time to start updating or planning.  Our attorney is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact us to get started estate planning, today.

Klish and Eldreth | Estate Planning Attorney in Cary NC

As always, feel free to contact us with any questions or concerns you may have about estate planning. Also contact us to schedule a consultation if you have yet to start estate planning. It’s never too early to make plans for your wishes upon death. In addition, our attorney in Raleigh NC is here to help you with all your legal matters, whether it be estate planning, divorce, child custody, trademarking, copyrighting, or DWI issues.

Missed other blogs in this series? Be sure to visit back with them, below:

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January 9, 2016
by Raleigh Lawyer
Comments Off on Different Types of Guardians, Part Two

Different Types of Guardians, Part Two

Guardians are appointed to manage the affairs of another person. In the legal system, the person is called a ward and is either under 18 years old, or is an elderly or disabled person unable to make decisions for him or herself. The matters a guardian oversees can vary depending on the type of guardianship he or she is given. There are several types that manage different areas of a person’s life, from personal care to managing finances.

In the first part of this series, our attorney in Raleigh NC talked about two types of guardianships: guardian ad litem and guardian of the estate. We’ll explain two other types of guardians in this section.

Guardian of the Person | Attorney in Raleigh NC

A guardian of the person is named to manage the personal affairs and wellbeing of the ward. As mentioned above, he or she will need to work with the conservator if there is money involved that should be used to care for the ward. The guardian of the person makes decisions about the health, education, and overall safety of the ward and determines where he or she should live. This person can be named in a will, or the court will appoint someone if there is no will. Children are not the only ones that can be wards of this type of guardian. It also applies to the elderly who are no longer able to make decisions for themselves, or a disabled adult.

Emergency Guardian

An emergency guardian is a temporary appointment in an emergency situation. The guardianship is generally processed quicker and only lasts for a short period of time.  An emergency guardian would be needed in a case of domestic violence where the child is in danger and needs to be protected. This type of guardian can be a foster parent, a relative of the child, or even an attorney. Someone with an emergency guardianship must take care of the child until permanent arrangements are made and a long-term guardian is appointed.

We hope this information helps you with any confusion you might have about the different types of guardians. For more help, call our attorney in Raleigh NC. Also be sure to visit back with our previous blog post, as well.

If you haven’t appointed a guardian and need to update your estate plan, or you haven’t reviewed your documents in several years, now might be the best time to do so, now The beginning of the year is a great time to start updating or planning.  Our attorney in Raleigh NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact us to get started estate planning, today.

As always, feel free to contact us with any questions or concerns you may have about estate planning. Also contact us to schedule a consultation if you have yet to start estate planning. It’s never too early to make plans for your wishes upon death. In addition, our attorney in Raleigh NC is here to help you with all your legal matters, whether it be estate planning, divorce, child custody, trademarking, copyrighting, or DWI issues.

Missed other blogs in this series? Be sure to visit back with them, below:

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