When Guardianship May Be Necessary | Law Firm Newswire

When Guardianship May Be Necessary

Hook Law Center (formerly Oast & Hook)

Hook Law Center (formerly Oast & Hook)

Virginia Beach, VA (Law Firm Newswire) September 22, 2015 – Many people with Alzheimer's disease and other forms of dementia eventually become unable to make informed decisions and to understand the consequences of their decisions, and a family member becomes responsible for making medical, financial and other decisions. This can often occur without court intervention, but legal guardianship may be necessary in cases where there is no power of attorney in place or when the elder refuses necessary care.

Guardianship gives a person the legal right to make decisions on behalf of someone who is unable to make their own decisions. Obtaining guardianship requires rigorous court proceedings to prove that it is the appropriate course of action for the elder.

"Although guardianship is not necessary in all cases, it is not uncommon for family members to seek guardianship if their loved one's decisions become irrational and dangerous," said Andrew H. Hook, a Virginia elder law attorney with Hook Law Center, with offices in Virginia Beach and northern Suffolk. "For example, an elder with Alzheimer's may refuse necessary care while putting themselves in danger by wandering or neglecting self-care."

In cases where a loved one is refusing care, guardianship can allow families to ensure that medical and nursing care are provided, and that the elder is living in a safe environment and is free from financial exploitation.

To obtain guardianship, the person who is seeking guardianship must prove that their loved one does not have the legal capacity to make their own decisions, and that they are qualified to serve as a competent guardian. This process can be lengthy, although in extreme cases the court may grant temporary, emergency guardianship.

Elder law attorneys have expertise in working with the courts to establish guardianship. Consulting with an elder law attorney early on in the process can help ensure that the guardianship process is as smooth and speedy as possible.

Hook Law Center
295 Bendix Road, Suite 170
Virginia Beach, Virginia 23452-1294
Phone: 757-399-7506
Fax: 757-397-1267

SUFFOLK
5806 Harbour View Blvd.
Suite 203
Suffolk VA 23435
Phone: 757-399-7506
Fax: 757-397-1267
http://www.hooklawcenter.com/

  • Working Mothers and Memory
    It seems that as if no time in history have we been more focused on health than in 2020. Daily, we are receiving discouraging news about COVID, the symptoms of COVID, the risks for COVID and other factors that may increase mortality. This comes while many Americans are still battling cancer, heart disease, and cognitive [...]<p><a class="btn btn-secondary bravehart-read-more-link" href="http://www.hooklawcenter.com/2020/11/13/working-women-and-memory/">Read More...</a></p>
  • How to Approach the Medicaid Process
    For many people, Medicaid is an important benefit that enriches their lives and allows them to receive much-needed care. Known as Medical Assistance in some states, Medicaid is a comprehensive health care program that helps give financial assistance to people who need skilled nursing care and meet certain financial guidelines. Medicaid is especially important for [...]<p><a class="btn btn-secondary bravehart-read-more-link" href="http://www.hooklawcenter.com/2020/11/06/how-to-approach-the-medicaid-process/">Read More...</a></p>
  • Kelly v. Giuliano: Arbitration Provision in a Trust Agreement is Unenforceable
    In September, the Honorable Bruce D. White of the Fairfax County City Court issued an opinion that found that a trust is not a contract and, therefore, an arbitration provision contained in a trust agreement is unenforceable. In the underlying suit, the Plaintiff filed a seven-count complaint alleging various breaches of fiduciary duties and conversion. [...]<p><a class="btn btn-secondary bravehart-read-more-link" href="http://www.hooklawcenter.com/2020/10/29/kelly-v-giuliano-arbitration-provision-in-a-trust-agreement-is-unenforceable/">Read More...</a></p>
  • Estate Planning for Digital Assets
    Prior to the explosion in popularity of the internet, personal property was fairly easy to define.  Things you can see, touch or hold, like artwork, collectibles, and jewelry, are clearly personal property.  But what about domain names or social media accounts?  Are they personal property? Intellectual property? Intangible property?  Not property at all?  Whatever type [...]<p><a class="btn btn-secondary bravehart-read-more-link" href="http://www.hooklawcenter.com/2020/10/26/estate-planning-for-digital-assets/">Read More...</a></p>
  • You’ve Been Named Executor: Do You Have to Qualify?
    After a relative or friend dies, you may be surprised to learn that you were chosen to be the executor of their estate. You might feel pleased to have a chance to do a final and important favor for someone you loved. On the other hand, you might feel burdened and like you have no [...]<p><a class="btn btn-secondary bravehart-read-more-link" href="http://www.hooklawcenter.com/2020/10/19/youve-been-named-executor-do-you-have-to-qualify/">Read More...</a></p>

Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required