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    • Ophelia Chan
    • Stephanie Kramer, Sr. Paralegal
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Chan Law Firm LLC
678-894-7917
  • Home
  • About
    • Ophelia Chan
    • Stephanie Kramer, Sr. Paralegal
  • Practice Areas
    • Probate Litigation
    • Guardianship And Conservatorship
    • Appeals
    • Estate Administration
  • Blog
  • Contact

Knowledgeable, Dependable Service In Probate, Trust And Estate Law

Does my loved one need a guardian or a conservator?

Knowing when it is time to step in and manage the affairs of someone who lacks the cognitive faculties to do it for themselves is a slippery slope. Act in haste, and someone will accuse you of violating someone’s rights. But wait too long, and if something happens, those same folks will be asking why you hesitated.

It’s an unfortunate fact of life that some people will become too mentally incapacitated to manage their own affairs before they pass on from this life. But it happens every day, so it’s good to be prepared.

Determining whether someone needs a conservator or a guardian (or even both) should reflect the least restrictive path forward for the individual who will be losing the right to financial and/or personal self-determination.

Why this matters so much

You may be doing the right thing by stepping in to stop assets and resources from being frittered away, but a dementia patient won’t see your actions as anything but controlling and restrictive.

So while someone might not be able to pay their bills any longer, they still may be quite capable of making decisions regarding their personal health and well-being. That would negate the need for a guardianship, which can be far more restrictive than a financial conservatorship.

Accurately assess your loved one’s needs

Someone in a multi-floor house might need someone there 24/7 to ensure their safety. Others living in one-floor units might be fine with an aide dropping by two or three times a week. But to truly know the level of risk a loved one faces, you need to get a professional assessment of the risks their own environments pose.

Be proactive about their preferences

The best time to ask elderly relatives about the choices they would prefer as they enter their golden years is now. Failing that, the earlier you start, the easier it may be to help your loved one transition into this final phase of their lives.

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244 Roswell Street
Suite 700
Marietta, GA 30060

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