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Are you concerned that your aging or ill relative or friend is no longer able to competently handle his or her own personal affairs? Are you considering seeking guardianship so that you can better take care of them and get them the help they need?
The lawyers at Ken R. Ashworth & Associates will use our more than 30 years of experience and our integrity and credibility in handling estate planning matters to achieve your family’s needs and goals.
Contact us online to discuss your situation in an initial consultation or call us at 702-893-9500.
The fact is that people in our society are living longer, leading to an increased population of aging Americans. As people age, they become more likely to grant their children or other close relatives and friends powers of attorney to make decisions on their behalf, for reasons of asset protection and prevention of manipulation, amongst others.
Unfortunately, due to difficulties in enforcement of these powers of attorney, an increasing number of organizations are no longer accepting a power of attorney as sufficient proof that this person can make decisions on the elderly or sick person’s behalf. For example, many Nevada banks will no longer allow you to make financial transactions with a power of attorney.
Fortunately, there is an alternative — under Nevada law, a close relative or friend can seek guardianship of an incapacitated person. A guardianship or conservatorship will allow you to make medical and financial decisions on your relative or friends’ behalf, as well as complete related necessary transactions. A guardian also takes on the responsibility for his or her ward — ensuring that his or her best interests are always accounted for in making these decisions and transactions.
There are three basic types of court-appointed guardianships in Nevada:
Many people do not like the idea of losing control over the decisions that affect their personal care and financial matters. They may not want a court to choose the person who becomes their guardian. There are ways that a person can exercise control over who handles their financial and personal affairs should they become incapacitated.
In addition to assisting individuals and families seek court authority to care for the physical and financial needs of their loved ones, our attorneys assist clients in developing estate plans that avoid the need for a conservator or guardian. An important aspect of estate planning is incapacitation planning. We never know when something might happen that prevents us from making decisions for ourselves. However, there are ways that we can maintain some control over what happens if we are unable to speak for ourselves.
Incapacitation planning involves executing documents that appoint agents to act on our behalf. If we are in an accident, become ill, or are otherwise unable to care for ourselves or make decisions related to our personal, medical, and financial matters, our agents assume the responsibility for us.
Documents that are commonly used for incapacitation planning include:
It is not always possible to avoid a conservatorship or guardianship action. Working with our Law Vegas probate attorneys to develop a comprehensive estate plan can help reduce the chance of court intervention should you become incapacitated for any reason. It can also lessen the burden on your family because they will not need to file petitions with the court or have court supervision if these documents are in place before your incapacitation.
Are you considering seeking guardianship of your parent or other aging relative or friend? Contact us online today for a consultation or call us at 702-893-9500.