Planning for Life

USEFUL TOOL: Pre-Guardianship Checklist

Posted by Harry S. Margolis on June 26, 2018

By Harry S. Margolis

Guardianship and conservatorship, court appointments to make health care, financial and legal decisions for incapacitated individuals should be the last resorts, but too often are the first response when someone with a disability reaches the age of majority or an older person begins showing signs of cognitive decline. 1463572619200

The ABA Commission on Law and Aging has created both a legal guide and a checklist to assist attorneys in determining whether guardianship or conservatorship are appropriate in particular situations, but they are just as useful for non-attorneys making the same determination.

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Topics: guardianship

John Oliver Explains Guardianship

Posted by Harry S. Margolis on June 5, 2018

By Harry S. Margolis

John Oliver on his HBO show, Last Week Tonight with John Oliver, Sunday night provided a scary and funny explanation of how guardianship works, ending with a public service announcement by William Shatner, Lily Tomlin and others explaining steps you can take to avoid the guardianship.

 

 

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Topics: long-term care planning, guardianship, family caregiving, elder law, elder care, healthcare

Your Must-Have Checklist if You Need Guardianship When Your Child with Special Needs Turns 18

Posted by Rebecca J Benson on January 30, 2018

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By Rebecca J. Benson

Every child automatically becomes an “adult” in the eyes of the law as soon as the child turns 18 – an unnerving thought for many parents.  Parents of a special needs child need to consider whether their child will need a legal guardian, even after turning 18.  Our comprehensive “how-to” checklist will help you determine whether guardianship is needed and outline the steps for obtaining the necessary Massachusetts court appointment:

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Topics: guardianship, special needs planning, disability, Special Needs Child, proxy

Grandfather May Intervene in Granddaughter's Guardianship

Posted by Harry S. Margolis on December 13, 2016

By Kate English

In a recent guardianship decision, Guardianship of B.V.G., 474 Mass 315 (2016), the Supreme Judicial Court holds that an “interested person” may have standing to intervene in an incapacitated adult’s welfare even if he isn’t an “heir-at-law.”
                

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Topics: guardianship

What does it mean to be an agent under a durable power of attorney in Massachusetts?

Posted by Harry S. Margolis on September 14, 2016

By Harry S. Margolis

Have you been asked to serve as an agent (or "attorney-in-fact" to use the technical term) under a durable power of attorney in Massachusetts, but you're not totally sure about your duties and responsibilities? Then you're not alone.  Here's a primer.

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Topics: trusts, guardianship, Estate Planning, durable power of attorney

Three Essential Documents for Parents of Children with Special Needs

Posted by Rachel Sandler on July 31, 2013

By Rebecca J. Benson

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Topics: guardianship, special needs planning, Estate Planning

How Good is Your Durable Power of Attorney? - Massachusetts

Posted by Harry S. Margolis on June 18, 2013

By Harry S. Margolis

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Topics: guardianship, Estate Planning

Details Missing from Post Guardianship Article

Posted by Harry S. Margolis on December 11, 2012

By Harry S. Margolis

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Topics: guardianship

Case Highlights Conflict for Attorneys Acting as Guardian

Posted by Harry S. Margolis on December 2, 2012

By Harry S. Margolis

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Topics: guardianship

Is Guardianship Necessary When a Child with Special Needs Turns 18?

Posted by Harry S. Margolis on October 21, 2011

By Jeffrey A. Bloom

The law deems us to be of full legal capacity when we reach age 18, unless we’re incapacitated for some reason other than insufficient age. And we’re presumed to be competent until a court decides otherwise. So what should parents do when they have a special needs child who is about to turn 18? As with most things, there is no hard and fast rule or simple answer.

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Topics: guardianship, special needs planning, Legal profession, Estate Planning

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