WHEN INCAPACITY STRIKES

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When Incapacity Strikes

• BY Melissa A. Levine-Piro

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Helping Mom and Dad Make Decisions

• Both a guardianship and conservatorship can be
  obtained relatively quickly if there is an
  emergency requiring immediate health care and
  financial decisions to be made. Appointment
  requires medical paperwork from the elders
  physician certifying his or her diagnosis,
  prognosis and need for the appointment of a
  fiduciary.
• A temporary appointment of a guardian or
  conservator lasts for ninety days, after which a
  permanent appointment may be sought.
• Both the guardian and the conservator are
  accountable to the court for the decisions that
  they make. All decision must be made in the best
  interest of the elder. A guardian must file a
  yearly report with the Probate Court describing
  the elders personal and medical needs and how
  those needs have been met.
• A conservator must file a yearly plan with the
  court disclosing how the elders income will be
  used to meet his or her needs

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obtain a guardianship and conservatorship
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Elder Law

• In an ideal situation, the elder has previously
  executed both a Durable Power of Attorney and a
  Health Care Proxy nominating agents to make his
  or her financial and health care decisions in the
  event of incapacity. However, in order to be
  valid, these documents must be executed while the
  elder still has the capacity to do so. Once a
  physician has deemed the elder to be
  incapacitated, it is too late to do so. At that
  point, it is necessary to petition the Probate
  Court to obtain a guardianship and/or
  conservatorship of the elder.

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If you have any questions regarding this process,
give Levine-Piro, P.C. a call 978-637-2048 to
schedule a time to meet with one of our attorneys.
Melissa practices in the areas of construction
law, contracts, general civil litigation and
family law. She works extensively with victims of
domestic violence and has received domestic
violence and trauma survivors advocacy training
through the Massachusetts Coalition Against
Domestic Violence and the Womens Bar
Foundations Family Law Project.

• http//www.levinepirolaw.com/services/family-divor
  ce-law/