Elder Law & Guardianship

            Elder law and protecting the elderly is John Brody’s passion. He knows how important it is to get the right treatment and care so that people can live life to the fullest. His law office is committed to helping seniors and their families. Whether you have a question about an elder law issue or are concerned about possible nursing home neglect or medical malpractice involving a family member, contact us at Call 360-876-6858 to schedule an initial free 30 minute consultation.

At Brody law we can help you with:

• Guardianship
  
• Special Needs Trusts
• Assest Preservation
• Medical Malpractice
• Wrongful Death
• Nursing Home Negligence
  • Pressure Sores
  • Malnutrition/Dehydration
  • Falls and Injuries
  • Physical/Sexual Abuse

            If you or an elderly loved one have questions or concerns about treatment and care in a nursing home or about an elder law matter such as Medicaid planning, contact Brody Law at (360) 876-6858.

 
Guardianships
             Guardianships are court proceedings where the court is requested to determine if a person is unable to manage their own financial or health care affairs, and if not, then to appoint someone to manage their affairs for them.

Establishing Legal Guardianship
            When no Power of Attorney exists or unanticipated circumstances arise, my firm is experienced in all aspects of guardianship proceedings, including:

• Representing people seeking guardianships of   persons who can no longer manage their own affairs.
• Representing guardians after appointment by the court and assist them with fulfilling their legal obligations.
• Representing the alleged incapacitated person when they object to the choice of guardian or to the appointment of one at all.

Guardianship Proceedings
            Guardianship may be limited only to personal affairs or health care decisions, or it may be a full guardianship in which the legal guardian oversees every aspect of the person's life including where they will live, medical care, and management of income and assets.

            Any concerned person can initiate a guardianship proceeding. A doctor must certify that an adult is incompetent to manage his or her own affairs. All family members are notified, and the subject of the proceedings is appointed a guardian ad litem to ensure his or her interests are protected.

            Within 60 days, a hearing is held to determine if the person is incapacitated in the eyes of the court. A trial is held if (a) the person disputes his or her own incompetence, or (b) family members dispute who should be appointed guardian. Once designated, the guardian is responsible for a financial accounting of the estate and the purchase of insurance bonds to protect the incapacitated person's assets and income.

Avoiding Guardianship
            Guardianship proceedings can be time-consuming, expensive, and can create hard feelings among family members with differing opinions about a loved one's care. The process can be avoided by anticipating these concerns through a properly executed Power of Attorney.

Call 360-876-6858 to schedule an initial 30 minute, free consultation. Let’s see what Brody Law can do to help you provide the care your loved one deserves.