Category Archives: Conservatorship

The Elderly are at Risk – Even in the Courts

Gene Richards_8x10@300It’s a travesty when the court process designed to protect seniors is manipulated by unscrupulous professionals for personal profit. Without immediate, aggressive advocacy a person can be stripped of all legal rights in less than 30 minutes at a court hearing. Admittedly, it is appropriate for a judge to appoint a conservator or guardian if an individual cannot make decisions or needs to be protected, but it should only happen when absolutely necessary. Please click on the link below to read an article regarding an extreme case of systemic abuse of the probate process.

The Elderly are at Risk – Even in the Courts

Be an effective advocate for your spouse or parent by:

  • Evaluating other options before petitioning to appoint a guardian or conservator
  • Hiring a lawyer immediately
  • Speaking to the court appointed investigator
  • Attending all hearings
  • Working out differences with family members – before going to court
  • Encouraging your parent(s) to designate in advance who they want as guardian or conservator (In Michigan, this can be done in a durable power of attorney.)

The elder law and probate attorneys at Cummings, McClorey, Davis & Acho, P.L.C. are available to counsel on the pros and cons of pursuing (or defending against) appointment of a guardian or conservator in the Michigan probate courts.  We also go to court on behalf our clients and advocate aggressively for the right results.  Contact our office for a consultation about your situation at (734) 261-2400 or nrichards@cmda-law.com.

Estate Planning: A Continuous Process

Living Trust and Estate Plan ImageEstate planning is a continuous process and estate plan documents should be reviewed at least every decade and upon any major changes in lifestyle or family structure.

A basic estate plan includes a Will, a Medical Power of Attorney, and a Durable General Power of Attorney for financial matters.

A Will addresses the distribution of assets, paying debts and taxes, and providing guardians and conservators for any minor children.

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