Old and Young

Guardianships & Litigation

If an individual is no longer able to make their own financial and/or medical decisions, or may be referred to as an “incapacitated person,” it may be necessary to commence a Guardianship. Further, a Guardianship may be necessary even where such documents have been prepared but the agent under the documents is taking advantage, possibly financially and/or medically abusing one's loved one. The responsibilities of the Guardian can range from managing finances to making critical health care decisions.

 

As Guardian of the person, the appointed fiduciary may make decisions about the incapacitated person’s living arrangement, including decisions about placement into a nursing home or assisted living. Guardianship of the property allows the Guardian to manage and protect the incapacitated person’s assets and property. The Guardian may pay debts and manage monthly expenses. They may also apply for government entitlements such as Medicaid and Veteran's benefits. Further, a Guardian can be given rights to protect assets through transfers, creation of Trusts and possible judicious gift giving.  

 

At the Law Office of Sandra N. Busell, we can help you navigate the intricacies and complexities of Article 81, whether the family is united or where you believe your loved one needs protection from another possible family member.