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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.

One thing you might need to consider if you provide care for a minor child or incapacitated adult is a guardianship. In the event of your death, you will likely want to ensure that those in your care will be properly cared for. For some, that may result in the minor or adult receiving a settlement. In this situation, a guardian can help make decisions about the distribution of the settlement if it is not held in a trust. Our law firm can assist you in establishing a guardian as well as ensuring that guardians are aware of their responsibilities.

Another important aspect of estate planning is conservatorships. As new reports regarding Casey Kasem indicate, and which we discussed previously, issues regarding health care decisions in the event of incapacitation could potentially be avoided. If a conservator is in place and all family members are aware of a person’s wants and desires regarding money issues and health care decisions, the difficult time following an illness or accident could focus more on the sick individual, rather than family members fighting over medical decisions.

Issues regarding estate planning can sometimes be complicated. Fortunately, with knowledge and experience with Massachusetts laws, we can help walk you through the process of creating a guardian or conservator. For more information on these issues, please see our page discussing Guardianships and Conservatorships.


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