A time may come while caring for a family member that a guardianship or conservatorship may be needed in order to protect the best interests of your loved one. This situation often arises when there is no valid Health Care Proxy or Power of Attorney in place.
Massachusetts law states, “A guardian may be appointed for an incapacitated person who for reasons other than advanced age or minority, has a clinically diagnosed condition that results in an inability to receive and evaluate information or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance.” Typically, guardianship is awarded only for an incapacitated person needing assistance.
Conservatorship is awarded to a person who needs protection due to their inability to conduct business affairs. The person who is not able to make clear decisions, evaluate information, or communicate their wishes effectively would need a conservator for personal protection of their best interests.
Attorney Beauvais has a wealth of experience in Elder Law, and can help you to determine what is needed for your family member’s best interest. She is dedicated to safeguarding the personal and financial affairs of you and your family. Due to extensive education, training, and experience, she can navigate probate court effectively and efficiently to negate any unnecessary delays.
Contact Us for More Information
If you have questions or would like more information about Guardianship and Conservatorship for a family member with Special Needs or for an aging loved one who is unable to handle their own affairs, please contact us or call 413.746.8525