Asserting Control to Protect an Elderly Family Member
You may have noticed little signs such as missed appointments, spoiled food in the fridge, odd or duplicated purchases, or puzzling statements when you call to check in on your aging parent. Perhaps there have been more alarming incidents such as getting lost or leaving the house with the stove or the iron on. The onset of dementia or the early stages of Alzheimer's often require family members to step in.
What do you do when Dad or Mom can no longer handle their finances or take care of their own health? Without a designated power of attorney, it may be necessary to petition the court to take control of a parent's health care, personal, legal and/or financial matters.
Protecting your loved ones from themselves does not have to be expensive or inconvenient. If properly handled in advance, your aging parents can put documents in place to guide family members who want to help look after them. Even if the person's health or mental capacity has deteriorated beyond voluntary measures, Article 81 proceedings to establish guardianship can be carefully managed to avoid a tense confrontation and to limit the cost.
The Buffalo law firm of Robshaw & Voelkl, P.C., handles elder law and estate planning as well as Article 81 guardianship matters in the Surrogate Courts of Erie County, Niagara County, Chautauqua County and adjoining jurisdictions of Western New York. Contact us today to discuss your situation.
Buffalo Guardianship Attorneys
Guardianship can refer to stewardship over the person, especially health care and personal affairs, or guardianship over property such as the person's business affairs, bank accounts and financial matters. Commonly, one family member is appointed to both duties, but the court sometimes appoints two separate people.
A durable power of attorney, if it exists as part of the person's estate plan, eliminates the need for guardianship. The document spells out when the power of attorney is invoked and specifies the stand-in's powers and limitations.
New York Attorneys for Asserting Guardianship of Elderly Parents
In the absence of powers of attorney, family members can initiate an Article 81 proceeding to have the person declared incompetent to manage his or her own health care or personal affairs. This is a formal hearing before a judge, and may require testimony by the petitioner, the subject, the subject's spouse and other family members.
Our lawyers encourage clients to avoid these divisive scenarios through a comprehensive will and powers of attorney. However, we realize that sometimes a parent urgently needs to be placed under the protection of a guardian/conservator when there are no such estate plans in place.
Call Robshaw & Voelkl at 716-568-7056 or 888-863-1797 to schedule a free consultation or contact us online.
