Guardianships, Conservatorships & Incapacity Management
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Managing the Affairs of An Incapacitated Person
When an individual becomes unable to manage his or her financial and medical affairs, someone will need to step in to assist. If the incapacitated person has Medical and Financial Powers of Attorneys, his or her Agent may be able to take over these responsibilities for the incapacitated person (called the Principal). If there are no Medical or Financial Powers of Attorneys, or there is contest over the documents, a Court may appoint a Guardian to manage the individual’s bodily decisions, and a Conservator to manage the individual’s financial affairs and rights. In order to appoint a Guardian or Conservator, a Court proceeding must be filed to establish that the individual has lost capacity (called a Ward) and to select an appropriate person to serve as Guardian or Conservator.
If you are an Agent, a Guardian, or a Conservator, Lucey Law, PLLC can assist and advise you as to how to appropriately manage your Principal’s or Ward’s affairs and minimize your personal liability.
If a friend or family member has become incapacitated and you need to obtain legal authority to manage his or her affairs, Lucey Law, PLLC can assist you with filing a Guardianship and Conservatorship proceeding.
We are here to assist with all types of administrations
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Estate Administration
When someone passes away, a Personal Representative (or, an Executor, if there is a Will; an Administrator, if the estate is intestate), may need to obtain official authority from a Court to collect and administer the decedent’s assets. If you are an Executor, Administrator, or Personal Representative, we can assist and advise you as to how to appropriately administer the Estate and minimize your liability. If you are a beneficiary of an Estate, we can assist and advise you as to your rights and how to protect your interests.
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Trust Administration
A Trustee of a Trust is responsible for administering the Trust consistent with the Trust’s terms and the applicable law. If you are a Trustee, we can assist and advise you as to how to appropriately administer the Trust and minimize your liability. If you are a beneficiary of Trust, we can assist and advise you as to your rights and how to protect your interests.
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Guardianships, Conservatorships, and Incapacity management
When an individual becomes unable to manage his or her financial and medical affairs, someone will need to step in to assist. If the incapacitated person has medical and financial powers of attorneys, his or her Agent may be able to take over these responsibilities. If not, a Court may appoint a Guardian to manage the individual’s bodily decisions, and a Conservator to manage the individual’s financial affairs and rights. If you are an Agent, a Guardian, or a Conservator, we can assist and advise you as to how to appropriately manage your principal’s or ward’s affairs and minimize your liability.
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Minor Guardianships & Administrations
A minor generally cannot hold title to property, and a minor is not able to contract or make binding legal decisions. If a minor inherits property, then a guardianship may need to be established to manage and administer the property for the minor. Depending on the circumstances, there may be alternatives to a guardianship, for example, a trust, UTMA Account, or 529 Account for the benefit of the minor. If a minor is inheriting property, we can help you understand the distributions options and alternatives available, as well as the responsibilities and duties of the person managing the minor’s property.