Caring for Incapacitated Adults and Children

The care of the most-vulnerable members of your family is, likely, your foremost concern. At the Ellahie Law Firm, we can advise you on making crucial decisions about the financial support and protection of minor children,  developmentally disabled adults,  physically challenged adults, and similarly disadvantaged children who face a precarious future if care is not taken to provide for them.

These matters are often dealt with a nomination of guardian, conservatorship, or estate plan documents such as a will, trust, power of attorney and/or advanced health care directive.

If you have a loved one who is an adult and needs assistance with their day to day affairs or finances, contact us to discuss the best options available.  

Choosing a Guardian for your Child

You should name a guardian who will raise your children according to your  parental philosophies. The court will reject a guardian who is unwilling or unable to care for your child. We suggest that you name an alternate guardian to fulfill the role if your primary guardian choice is unavailable. We also recommend that you thoroughly discuss your decision with your chosen guardian to confirm that the guardian is willing and prepared to accept the full responsibility of caring for your child as you see fit 

The Importance of a Will

Naming a guardian is especially important if you are a single parent or in the event that both parents were to die in a common incident. If you do not name a guardian, it is the court that will appoint a guardian for your children, and the court might make an unacceptable decision. You can make your own parenting decisions by drafting a will and updating your will if your designated guardian dies or becomes incapacitated.  

What is a Conservatorship?

 A Conservatorship is a court proceeding designed to protect elders or dependent adults who may be unable to care for themselves or to resist fraud or undue influence. 

In a typical case, a family member or friend (called the “petitioner” ) files a petition with the court in which he or she asks to be named the “conservator” for the elder, who is referred to as the “proposed conservatee” .  

There are different types of conservatorships, and different powers that are granted with each type.

A “conservator of the person” is a person granted authority by the court to make decisions regarding the personal care of the conservatee.  The conservator of the person typically makes decisions about the conservatee’s medical affairs, living arrangements, and social life. 

A “conservator of the estate” is granted the authority to make financial decisions for the elder. 

Ellahie Law Firm attorneys can help you determine the best course of action to help your loved ones.

Alternatives to Conservatorship

A comprehensive estate plan that includes a trust, an advance health care directive, and a power of attorney for financial affairs may prevent the need to establish a Conservatorship.