In General

There are a variety of situations in which other people may make decisions for you.

In some cases, a person may object to allowing another person to take control of such matters. In others, the person may actually have planned for another person to take such steps.

It can be helpful to consult with an elder law attorney before such situations develop, so that an incapacity plan is in place. This may reduce the expenses that arise in an emergency, or may even prevent a situation from rising to the level of an emergency, which can result in meaningful savings in some situations.

Consulting with an elder law attorney before any difficulty emerges may also help a person to fend off unwanted attempts by someone else to manage the person’s affairs at some point in the future.

An elder law attorney may also be helpful in seeking a solution in court if someone is unable to manage his or her own affairs and needs the protections of a guardian or a conservator. Similarly, an elder law attorney may be needed in cases where a person feels that someone else is trying to be appointed as a guardian or a conservator in situations where this is inappropriate.

It can also be very important to take steps to make sure that if a person is no longer able to direct his or her own health care, appropriate decisions can be made by a person designated in an Advance Directive for Health Care, and to make sure that this person can have full access to otherwise protected health care information.

Please see the separate pages on this website for more information on Health Care Documents, on Finances and Business including Powers of Attorney and Trusts, and on Guardianships and Conservatorships.

NOTE: The above are only some of the times that one can benefit from legal advice from a person who is well versed in elder law matters, guardianships and conservatorships, Advance Directives for Health Care, power of attorney issues, similar matters. The above should not be considered legal advice, nor should it be taken as a statement of the only time that one might benefit from consulting a legal or other professional.