Elder Law FAQ
What Is Elder Law?
Elder law is the practice of law that addresses the needs of older adults who have legal issues. McLellan Herbert not only provides the legal advice the senior requires but addresses their needs including mobility, sight and hearing.
In certain situations in which seniors lose the mental ability to make decisions a Court application is required to appoint a decision maker for that person. It is crucial to seek legal advice when a senior’s capacity is at issue.
Senior McLellan Herbert lawyer Deidre J. Herbert is a recognized authority on guardianships and has been widely published in this area. She provides reliable support, representation and services for incapacitated individuals and their family members and those applying for committee.
How Do I Help An Individual With Dementia Make Decisions?
Seniors who fear that they may become incapacitated sooner rather than later should consider having a power of attorney drawn up. As long as they still have decision-making capacity, they can appoint a person of their choice to make legal or financial decisions on their behalf. They can also have a representation agreement drawn up to allow an individual of their choosing make medical and personal decisions for them.
If the senior no longer has capacity to have these documents drawn up, then you have to apply to court to be eligible to make decisions for him or her. If you apply to the court and your application is approved, you are known as a committee. That means you have the court’s approval to deal with the senior’s affairs.
How Do I Plan For Incapacity?
Incapacity is an issue that does not solely affect the elderly. Incapacity can happen to anyone. An individual can become incapacitated through illness or injury. If you become incapacitated, it’s important that you have a representation agreement, trust or powers of attorney. Without those documents, you may have little say about your personal care or what happens to your property.
The court will appoint a decision-maker to manage your financial affairs if there is no representation agreement, trust or power of attorney. A family member can apply to be your committee, but if no one applies the Public Guardian and Trustee will take over managing your affairs and possibly apply to court to become committee of estate and person for you.