Power of Attorney, Guardian and Conservatorship Laws
A power of attorney or guardian should be created as soon as the party understands that it may become necessary in the near future. Learn more about when it may be time to appoint a guardian or power of attorney and what their responsibilities are.
Alzheimer's Patients and Elder Abuse - Powers of Attorney and Financial MattersThere are many misconceptions about the Power of Attorney, elder abuse and when a person takes over the accounts and power of another when this individual is a loved one. Before attempting to sue another person or family member, it is crucial that the sibling or extended family is aware of all the factors of the situation.
Read more- Creating a Power of Attorney at the Right Time
It is crucial to create a power of attorney as soon as the party understands that it is necessary or will become so in the future, and any delays in accomplishing this feat may complicate matters. However, when it is too late, the person may face various difficulties without any help to guide him or her through problems and situations.
Read more - Differences between Guardianships and Conservatorships
Loved ones who are concerned about a loved one may decide to seek a formal appointment as the individual’s guardian or conservator. Which designation the person seeks will depend on the state where it is granted, the purpose of the appointment and factors specific to the person’s particular situation.
Read more - Legal Duties of a Guardian of an Adult
The guardian of an adult usually must provide the daily care for healthcare purposes or the financial support of the estate if for monetary purposes in these relationships and may include ensuring housing, food and other costs are taken care of with the adult. The guardian has a duty of care owed to the person and must provide it.
Read more - Undue Influence – When Is a Will or Power of Attorney Considered "Unduly Influenced"?
Undue influence can cause a vulnerable person such as an elderly person or individual with cognitive impairment to change his or her will or other financial document. Skilled manipulators may get the elderly person to do their bidding and move away from their natural inclination to provide to certain individuals.
Read more - Misusing Someone's POA, Is that Fraud or Elder Abuse?
When someone is misusing a power of attorney, there may be many types of legal claims that can be made.
Read more - What Is Elder Financial Exploitation?
Financial exploitation occurs when a person takes or misuses the assets of an elderly individual for his or her own personal gain. The exploitation may be committed by anyone from someone close to the elderly individual, such as a relative or caretaker, or even by a stranger in another country.
Read more - Conservatorships: Consequences and Options
Conservatorships place a person appointed by the courts guardianship over an adult that requires assistance in estate or healthcare matters, and the consequences could devastate the individual. Many complications arise through theft, fraud, injury or abuse towards the elderly person needing help in his or her life.
Read more - Key Differences Between Conservatorships and Guardianships
Conservatorships and guardianships differ in key ways that affect the control over the affairs of an adult who is unable to care for his or her financial and healthcare needs.
Read more - Conservators Committing Fraud
A conservator is a person the court appoints as a guardian to take care of another person who is unable to provide for their own daily living or to ensure the well-being of his or her body or mind. There is generally little oversight into these matters, and a conservator may commit fraud and steal from the person under their care.
Read more - Conservatorships: Consequences and Options
Conservatorships place a person appointed by the courts guardianship over an adult that requires assistance in estate or healthcare matters, and the consequences could devastate the individual. Many complications arise through theft, fraud, injury or abuse towards the elderly person needing help in his or her life.
Read more - What Happens if I Need a Guardian?
A guardian is a person who is given legal authority over another person because of reason of incapacity. If a court determines that a person is unable to make decisions for himself or herself, it may appoint a guardian. A guardian can be given authority over the person, his or her assets or both. The process involved in appointing a guardian is dependent on state law and the circumstances.
Read more - Conservatorship of an Adult
The courts will appoint a guardian for a conservatorship situation when an adult requires help in financial or medical matters, and the third-party becomes involved when the family or other loved ones are unable to care for the adult. Decisions about illness, certain conditions, facing injury or disability may pass to the other person when the older individual is unable to judge how to proceed.
Read more - Conservatorship Problems When Vulnerable Adults Are Harmed by Guardians
The conservatorship of adults remands the care of an individual into the hands of a guardian to take care of him or her and his or her financial and health-related matters. The unique problems that exist with these situations stem from the conservator and the lack of oversight in these matters to the point that the adult may suffer injury both physically and financially.
Read more - Power of Attorney Fraud & Abuse by Non-Family Member
When a loved one faces fraud and abuse by another person, it is crucial to determine the best path forward, and this often requires the services and support of a lawyer. If this problem involves the power of attorney issues, a legal professional may need to explain the matter and provide assistance in gathering evidence and presenting a case in the courtroom.
Read more - What Are the Risks and Benefits of Naming a Power of Attorney?
A power of attorney is a legal designation in which one person gives another person, the agent, the right to make certain decisions on his or her behalf. This designation is usually provided to give someone the ability to make financial decisions and to conduct financial transactions on behalf of another person.
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