RELIABLE MASSACHUSETTS GUARDIANSHIP - CONSERVATORSHIP ATTORNEY

LEGAL SERVICES YOU NEED TO PROTECT A LOVED ONE:

Massachusetts has adopted the Uniform Probate Code (MUPC) which changes the way attorneys and courts will deal with a family member or close friend who is in danger because of an inability to make an informed medical and/or financial decision. This is very difficult and emotionally-draining situation for all parties involved. These changes took place July 1, 2009. You will need a skilled and considerate lawyer to help you in these times of upheaval and distress. At the Law Offices of Martin J. Drilling in Plymouth, Massachusetts, we strive to help you when you have a need to seek a Guardianship or a Conservatorship. Contact us to discuss how we can help you and your loved one.

AN ATTORNEY THAT UNDERSTANDS THE LEGAL STANDARDS FOR
GUARDIANSHIPS AND CONSERVATORSHIPS

Guardianships and conservatorships are special legal procedures to be used in unique situations where an individual can no longer make certain decisions on their own. There is a heavy burden of responsibility for both the Court and the Guardian or Conservator appointed to assume control of another individual's day-to-day care or financial situations. Given the new procedure, it is now possible to meet the specific needs for each individual and to limit the powers and responsibilities of the Guardian. Under the MUPC, the preparation for finding the appropriate and most effective ways to tailor the Guardianship or the Conservatorship to meet the needs of all the individuals involved will be more time consuming and detailed. Thus, you will need a skilled and considerate lawyer. Plymouth Attorney Martin J. Drilling has the experience to help you in this time of need.

THE DIFFERENCES BETWEEN GAURDIANSHIP AND CONSERVATORSHIP ARE AS FOLLOWS:

A Guardianship entitles a Court-appointed individual (Guardian) to make personal decisions involving the day-to-day activities, such as medical decisions and appropriate living arrangements, on behalf of the person who has lost the capacity and mental awareness or physical ability to make these decisions on an informed basis. This can be due to physical infirmities, mental illness, or mental retardation. The loss of capacity must be certified by a medical doctor before a Guardianship can be approved by the Court.

A Conservatorship occurs when a person is no longer able to make informed decisions concerning their finances. The Court will appoint someone to oversee his or her financial affairs. This is comparable and similar to a Power of Attorney except that in a Conservatorship, the Conservator is appointed by the Court and subject to judicial oversight and must make annual accounting to the Court. Whether it is a Guardianship or a Conservatorship, the person whose decision making is put in the hands of another is now referred to as an incapacitated person.

Helping you meet your responsibilities:

Once a person has been appointed to be a Guardian or a Conservator, that person has certain fiduciary duties that must be understood and fulfilled. His or her actions on behalf of the incapacitated person are overseen and subject to review by the Court. These fiduciary responsibilities extend to the individual's specific needs under a Guardianship and his or her finances and estate under a Conservatorship.

We represent Guardians and Conservators throughout the process of appointment and fulfilling their responsibilities in accounting for their actions.

Plymouth Massachusetts Attorney, Martin J. Drilling has a great deal of experience and sensitivity to the elder law areas of Guardianship and Conservatorship. Contact us to get skilled, prompt, and appropriate legal assistance with this emotionally-draining and difficult process and procedure.