If a will is not valid, a person will be deemed to have died “intestate”, and property will be distributed according to state intestate laws. Learn what you need to do to prevent this outcome.more...
Boston & Braintree Guardianship & Conservatorship Lawyer
Guardianship and Conservatorship may be needed to:
- Care for an elderly person, and to protect them from financial predators. Sadly, many of our elderly are not able to care for themselves, or to protect themselves from those who seek to prey upon them for financial gain. In some cases, the financial predators may even be other family members.
- Care for and make financial decisions for an adult disabled child. When a disabled child reaches the age of 18, a parent can no longer act on their child’s behalf unless they have been appointed as a guardian for their child.
- Make financial or social welfare decisions for a person who is incapacitated. If a person becomes incapacitated through an accident or illness, it will be important to seek guardianship or conservatorship as soon as possible in order to protect the incapacitated person’s interests. Such interests can include their interest in personal litigation which may relate to the cause of their incapacitation.
The Difference Between Guardianship and Conservatorship
Conservatorship usually is limited to the right of one person to take action with respect to financial interests only of an incapacitated person, such as the authority to access the incapacitated person’s bank account to pay their bills. Guardianship is much broader, and encompasses the authority of one person to take nearly all types of action, and to make nearly all types of decisions, other than financial management, with respect to an incapacitated person. These decisions may include those concerning where the incapacitated person will live and what type of medical treatment they will receive.
A guardian may also be vested with the power to make financial decisions, or, in some cases, a separate conservator may be appointed.
Please call to learn how I can assist in the guardianship and conservatorship needs of your loved one.
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Gemma Law Office News & Information
If you die without a will in Massachusetts, the state intestate laws will determine who inherits your probate property. It does not matter whether you wanted (or did not want) these people to inherit your assets; the administrator of your estate must distribute assets according to law. Learn what you need to do to protect your wishes.more...