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Guardianships and Conservatorships Archives

Need for guardianships may befall some Massachusetts residents

Many Massachusetts residents likely pride themselves on being independent and making their own decisions for their lives. While this ability is often cherished, it is not always one that individuals are able to maintain for the entirety of their lives. In many cases, elderly individuals or other adults become incapacitated, and guardianships become needed in order for decisions to be made.

Estate planning can help plan guardianships in Massachusetts

Estate plans have a variety of uses, and many Massachusetts residents may only know the surface benefits of such plans. Though individuals can create wills to distribute property, they can also utilize their plans to address guardianships or conservatorships that may be necessary after their deaths. Addressing the need for such appointments ahead of time could prove crucial to many people.

How can one appoint a guardian for his or her minor children?

For young parents in Massachusetts and elsewhere who are going through the estate planning process, trying to decide who will care for young children in the event of their deaths or incapacitation can be challenging. As difficult as it may be, appointing a guardian for minor children really is a must. This column will address how this can be done and what should be considered before making the ultimate decision.

Incapacitated adults rely on guardians for a number of things

Those individuals in Massachusetts and elsewhere who are appointed as guardians of adults have a number of responsibilities. After all, incapacitated adults depend on these individuals to make many important medical and personal decisions for them -- among other things, -- which is no small feat. What are some of the duties and responsibilities assigned to guardians, and are there any limits to their decision making powers?

Guardianships protect people, but also affect their rights

Through illness, accident or disability, many Massachusetts residents are no longer able to care for themselves or their property. In these cases, family members or other trusted individuals might seek guardianships in order to take care of the incapacitated person (often referred to as the ward). However, the decision to do so should not be taken lightly since many of the ward's rights are taken away in the process.

Study says full guardianships recommended most often

Massachusetts parents who have special needs children typically reach a point where that child will reach the age of majority. At that point, parents can lose the right to make decisions on their behalf. Many of those parents look into the possibility of obtaining guardianships in order to continue caring for their children.

Protecting Massachusetts incapacitated adults and minor children

Every day, residents in Massachusetts are faced with making the decision to protect a loved one from himself or herself. Whether they are protecting an incapacitated adult or minor children, family members will need some legal authority to act on one's behalf. Without such authority, a person's health and assets are vulnerable.

Adult children need to discuss estate planning with parents

Massachusetts residents are living longer now than ever before. This could mean that the possibility of some older people becoming incapacitated is a real concern. Adult children may want to discuss estate planning with their parents in order to ensure that a plan is in place just in case.

Conservatorships and guardianships important in estate planning

Most people in Massachusetts are aware of the uses and purposes of estate planning. However, while you may be aware of the need for estate planning, many people think they can put such decisions off until another day or that the process simply involves deciding how one’s assets will be divided. When people actually sit down to create the important documents that will govern their estate in the event of their death or incapacitation, some are surprised by all of the decisions to be made. Many people may need to be aware of issues surrounding conservatorships and guardianships.

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