Helping People Establish Power Of Attorney And Guardianship
If you are the adult child or caretaker of an elderly or infirm loved one, it may be in their best interest for you to seek legal authority over their financial, medical and legal matters. Legal instruments such as powers of attorney or guardianship allow you to access important confidential financial records, statements and health care information you need in order to make important decisions on behalf of your loved one.
We offer experienced legal services and representation to help families protect their elderly loved ones when they become vulnerable due to old age or illness. If you are concerned about yourself or your elderly parent or grandparent becoming unable to make appropriate decisions regarding health, finances and welfare, we invite you to schedule a consultation with one of our lawyers to learn more about your options for powers of attorney or guardianship. We will answer all of your questions and help you understand what legal instruments are available to you and your family.
Power of Attorney
A power of attorney is a legal instrument that allows a person to grant authority to make decisions regarding finances, medical care, general welfare and legal issues. It is important to remember that a person does not obtain a power of attorney without the individual conferring the rights granted. Therefore, powers of attorney should be considered part of the complete estate planning and elder care process, completed at a time when all parties have faculties and capacities to make appropriate decisions.
Generally speaking, there are two basic types of powers of attorney available to sign:
- Traditional power of attorney: This power of attorney will take effect immediately upon your signature.
- Springing power of attorney: This type of power of attorney takes effect only in the event you become incapacitated and cannot make decisions on your own behalf.
In the event a person becomes incapacitated by poor physical or mental health, without signing a power of attorney it may be necessary for a loved one to seek guardianship. Guardianship is a court-appointed responsibility, giving the guardian rights to make decisions on behalf of the incapacitated individual. The petition for guardianship may be contested by any party who demonstrates a legal cause. If you are seeking guardianship over an elderly or infirm loved one, it is advisable to communicate your objectives with your immediate and extended family, in order to seek a resolution to any possible point of contention, prior to petitioning the court. In the event the matter goes to litigation between disputing parties, the courts may appoint a temporary guardian until the matter is resolved.
Our attorneys have extensive experience helping people with all of their eldercare needs. Johnson, Carroll, Norton & Kent serves families in Vanderburgh, Posey, Gibson and Warrick Counties. Call 812-205-2661 or contact us online to arrange a consultation. Our law office is located in Evansville, three blocks off the Lloyd Expressway, with ample parking and first-floor accessibility.