Powers of Attorney, Conservatorships and Guardianships and Elder Law
Getting your affairs in order requires more than drawing up a will. In fact, doing a will without first planning for your own disability is the proverbial cart before the horse. As life spans lengthen and diseases that affect the mind are regrettably on the rise, nominating in writing a person to serve as your agent under a financial and medical power of attorney can be the most important aspect of any estate plan. Powers of attorney are:
- Simple to Prepare
- Easy to Change
- Better than the alternative
Powers of Attorney make a world of difference in how easy or difficult it will be for people to help you when you are at your most vulnerable.
Excuses for not having a power of attorney:
- Thinking you have no one in your life who can do the job
- Fearing that no one can be trusted
- Assuming they are too costly
We have ways of getting around these obstacles. Rest assured, not having a power of attorney is a bad idea and can in the end be very costly.
If you become unable to handle your own financial affairs or make your own medical decisions and you have not executed a power of attorney, the alternative is a complex court proceeding called a “guardianship” or a “conservatorship.” If this type of case becomes necessary or someone believes it is necessary, we the experience to bring or defend against such actions. We have significant experience serving as legal counsel for:
- Petitioners
- Respondents
- GAL
- Court Appointed Counsel
We will help you understand what the true value of a guardianship or conservatorship is and what they are not.
Speak to an attorney today
Tell us how we can be of service and one of our team members will contact you.
This is my mom. She is the full-time care provider for my dad who has Alzheimer’s. My dad put a power of attorney in place before his diagnosis, naming my mom as his agent and me as the back-up. For nearly ten years, my mom has had to rely on that power of attorney to manage my dad’s retirement funds, get access to his medical providers and make decisions about his care, and buy and sell jointly owned real estate to better suit their needs. None of these decisions have been easy but having the legal authority to take care of my dad has avoided the necessity of going to Court.
Erin Connor, Attorney – Managing Partner
General Durable Financial Power of Attorney
A durable power of attorney authorizes a trusted third party to handle your financial matters. At Sutherland & Connor, we do more than fill out a form. We help you identify the best person to serve in this important role and when the time comes, help ensure the agent you named can do the job they have been entrusted to do.
Medical Power of Attorney
A durable power of attorney for health care names and authorizes a third party to help make medical decisions on your behalf. At Sutherland & Connor we do more than fill out a form. We help you evaluate who you should name as your agent, and we make sure you and the agent understand your respective rights and duties.
Living Will – Advanced Directive
Making end of life decisions is hard for any family member, but even more so when they do not know your wishes. A living will sets forth critical care and end of life instructions. We include a living will with every estate plan we prepare. We help you understand the document and assist you in making informed decisions.
Conservatorships and Guardianships
Adults who are unable to effectively manage their own affairs and medical care, due to dementia or other incapacity, need people to assist them. The people who serve in such roles are known as the conservator or guardian. The process of being appointed to serve as a conservator or guardian is called a protective proceeding. The attorneys at Sutherland & Connor handle all aspects of a protective proceedings and can advise either the proposed conservator or guardian, the protected person or other interested persons on their respective rights and duties.
