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Family Solutions

Knowledgeable Lawyers Who Assist In Addressing Incapacity

Part of estate planning is planning for incapacity. We want to ensure that clients will receive care consistent with their wishes and avoid undue court involvement. We believe it is important for our clients to plan for incapacity because no one can predict when it will happen, and when it does happen, it is very difficult for family members, doctors, bankers and others to coordinate your medical and financial decisions properly.

Preparing Durable Powers Of Attorney

Our lawyers will help you plan for incapacity by preparing a customized durable power of attorney for health care, and a particularized durable power of attorney for financial management. We can also help you select one or more persons whom you trust to handle your medical care decisions and financial affairs in a prudent way.

Determining Legal Incapacity

Before you can appoint someone as a guardian, the ward first needs to be legally incapacitated. Being legally incapacitated means that they are not able to legally look after themselves, and this status is the result of factors such as:

  • Being a minor
  • Suffering from mental incapacitation
  • Suffering from physical incapacitation
  • Someone who needs a guardian to receive funds from certain sources

We can help you review a potential ward and determine if they qualify as legally incapacitated.

Guidance From Our Experienced Conservatorship Attorneys

Conservatorships are a valuable legal tool used to protect any legal adult without power of attorney who lacks the mental capacity to make sound, personal medical decisions and financial decisions. Conservatorships can also be particularly effective in preventing a vulnerable and incapacitated adult from being exploited by others’ undue influence, duress or fraudulent manipulation.

The conservatorship attorneys at Gary, Till, Burlingham & Lynch, understand the importance of protecting vulnerable and incapacitated loved ones from manipulative and fraudulent behavior. We are prepared to assist you in establishing a conservatorship and selecting the right person to manage your incapacitated loved one’s affairs and health during incapacity. We will also advocate for your loved one’s interests in contested conservatorship proceedings.

Guardianship Matters For Third-Party Caregivers

A guardianship is a special legal process that permits an adult guardian or grandparent to legally provide care, guidance and decision-making for a minor child when the legal parents are incapacitated, absent or declared abusive or neglectful. Our guardianship attorneys believe it is important for every child to have a dedicated and steady parental figure in his or her life. We are experienced at assisting in obtaining a guardianship in California over children in need and demonstrating to the court why a guardianship is in the child’s best interest.

Learn More About How You Can Protect Your Family

In addition to guardianships, you can also protect your medical wishes through an advanced health care directive. By creating one of these, you can make your medical wishes clear and uphold them when you are not able to act on your own.

No matter what kind of help you may need while preparing for the future, you can reach us at our Roseville office at 916-304-5691 or send us an email to schedule your consultation today. We look forward to helping you create a comprehensive estate plan that meets your needs.