Sometimes its obvious when an adult is in need of someone to make decisions for them. Other times, it is not as easy to know when to step in. From a legal standpoint, that is what guardianship proceedings are for — to allow a court to make the decision. Although state laws will vary somewhat, a guardian is typically someone who has been appointed by the court after a lengthy proceeding and then has control over the personal decisions relating to the ward. For example, a guardian can generally decide where the ward lives or what doctor they use. The estate of the ward, or finances, are not under the control of a guardian. Only a court can make the final decision whether or not someone is incapacitated to the point that they require a guardian; however, the following are some common reasons that may prompt you to seek guardianship over a family member or loved one:

• They are unable to make medical decisions or fail to follow through with medical treatment
• They have a mental illness that impairs their ability to make basic decisions
• They have a physical condition that impairs their ability to care for themselves
• They are low functioning or mentally challenged to the point that they cannot make decisions for themselves
• They have a drug or alcohol addiction that impairs their ability to make decisions
• They are homeless or at risk for being homeless as a result of their inability to care for themselves

If you are convinced that a guardian is needed and wish to petition the court for appointment as guardian, consult with your guardianship attorney as soon as possible.

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

At some point in time you may start to worry about a parent who is showing the natural signs of aging, yet also shows no interest in moving from his or her home. Understandably, we tend to view the ability to drive and the right to remain in our home as symbols of our independence. Unfortunately though, remaining at home can be potentially dangerous if adjustments or modifications are not made to the home. Medical issues may also require the assistance of home health aids or nursing care if your parent chooses to remain at home. So how can you approach the subject without offending your parent? Sometimes, a pragmatic approach works better than any other.

While each person’s aging process is different, there are some common modifications that may need to be done to your parent’s home to accommodate the aging process. Hand railings, grab handles, widening of doorways, ramps, and additional lighting are often required. For a two story home, a chair lift may also be needed. Request an estimate from a builder to find out what all those modifications will cost. An additional estimate should also be prepared to cover the cost of home health care or nursing services, as well as additional help such as cleaning services or meal preparation.

Once you have gathered all the relevant estimates, sit down with your parent and explain what the cost of staying in his or her home will be as compared to moving to a retirement facility. Sometimes, a parent can see the benefit of moving when it is discussed from a practical, not emotional, viewpoint.

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

If you are like most people, at some point in your life you will have a family member or loved one who has entered his or her golden years. The golden years can be a time of rest and retirement; however, it can also be a time fraught with physical, mental and legal concern. If you are the caregiver of an elderly individual, you should have a firm understanding of the issues faced by the elderly as well as an understanding of what an elder law attorney does and how one may be able to help you.

One of the most common issues faced by family or loved ones of an elderly individual is how to know when your loved one has reached a point where he or she is incapable of making decisions due to a mental incapacity. No one wants to see that happen to a loved one; however, not recognizing that your loved one needs help can result in serious injuries. An elder law attorney can help advise you regarding what legal options you have if you find yourself in this situation. A guardianship, or conservatorship, for example, may be needed to protect your loved one from harm.

An elder law attorney may also be able to help if you suspect that a caregiver or facility is not treating your loved one as he or she should be treated. Unfortunately, elder abuse happens more often than most people realize. If you suspect abuse or neglect, an elder law attorney may be able to help.

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

If you have an elderly family member or loved one who appears to be having trouble making day to day decisions, you may wish to intervene and help. As a person ages, both physical and mental disabilities can impact the ability to make good decisions, putting him or her at risk for a number of things. Day to day activities and decision making can be affected, which can result in accidents or things such as forgetting to eat, bathe or take medication when required. If you want to help, petitioning to become his or her guardian may be the answer.

Many people assume that simply because someone is their parent, child, spouse or other relative, that they have the legal authority to make decisions on behalf of that person. In most cases, that is not the case. Although state laws will vary to some extent, most states require you to obtain the legal authority from a court before you can step in and make those decisions. Unless the person has previously given you legal authority, such as by executing an enforceable durable power of attorney, you may need to become his or her guardian.

Becoming a guardian typically starts with filing a petition in the appropriate court. After notice and a hearing, if the court is satisfied that your loved one or family member is need of a guardian, and that you qualify for the position, you will be appointed. Exactly what authority you have at that point will differ from state to state; however, in most states you will be able to make day to day decisions regarding things such as where the person lives and what doctor he or she uses. Often, in order to have authority over the person’s finances as well, you will need to also become a conservator. This can often be done at the same time as the guardianship petition or through a similar proceeding.

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

With advances in medicine and continual improvements in health care, the American population is living longer. Although life expectancy rates continue to rise, living longer doesn’t always mean living without the need for assistance. As a result, there is a good chance that you will be faced with making tough decisions on behalf of an elderly loved one at some point in your life. Petitioning to be appointed guardian or conservator of your loved one may become a necessity at that point.

Deciding that an elderly loved one is no longer capable of caring for himself or herself, physically or mentally, can be a heart wrenching decision. In many cases, the loved one is a parent who raised you and taught you how to take care of yourself. Stepping in and deciding that he or she can no longer function alone can feel as though you are taking away your loved one’s independence. Not stepping in, however, can result in a catastrophic accident or may leave room for someone else to step in and take advantage of your loved one’s vulnerability.

State laws will vary somewhat; however, in most states you may petition to become guardian, conservator or both for your loved one. Generally, a guardian is someone who may make decisions over the ward, or person who needs assistance. A conservator is someone who can make decisions over the estate of the ward. For example, as guardian, you may be able to decide where your loved one lives. As conservator, you may have control over your loved one’s finances.

In order to become a guardian and/or conservator, you must petition a court. You are also required to provide legal notice to all interested parties, including the potential ward. The court will then decide if the ward is in need of a guardian and/or conservator. If the court decides there is a need for a guardian or conservator, your petition to be appointed will then be considered.

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

Don’t miss “Estate Planning Made Easy” next week on Dec 7 at 6:30p at SW Community Center for free! www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

Join attorney and author Richard B. Schneider at SW Community Center’s free class “Estate Planning Made Easy” on Dec 7 from 6:30-8p. www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

What happens if you don’t do it?  Author Richard B. Schneider conducts a free workshop at 10:30a. for Gladstone Senior Center, “Estate Planning Essentials For Everyone” www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

Alleviate anxiety by planning ahead.  Attend Gladstone Senior Center’s “Estate Planning Essentials For Everyone” tomorrow on Nov 15 from 10:30a-12p. www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.

Join attorney and author Richard B. Schneider tonight at Hollywood Library’s free 6:30p program “Wills, Trusts & Estate Planning” www.rbsllc.com

The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.