The Law Office of Jeffrey P. Story, LLC

Guardianship

Guardianship

If an elder has not planned for incapacity by obtaining a Durable Power of Attorney for Health care and a Durable Power of Attorney for Property prior to becoming incapacitated, Guardianship is necessary to protect the elder’s finances and to make sure his or her personal and medical needs are met.

There are also occasions where the elder has POA’s but also has advanced dementia and is determined to give large amounts of assets to strangers, or to just take out many credit cards and incur large debts to pay to predators. If the POA Agent or Trustee attempts to intervene, the elder with dementia either revokes the POA Agent’s authority or just goes on spending large amounts of money. There are cases where an elder becomes psychotic and has to be hospitalized, due to dementia. This is a difficult area of the law to navigate, but Guardianship can be the best solution for advocating for the elder, especially against a bullying facility that is determined to take all of the elder’s remaining assets, as a condition for being admitted. The court can serve as a counterbalance, enabling the elder’s attorney to save assets in a pooled trust and pay off the equivalent penalty for that pooled trust transfer via a Medicaid Complaint Annuity to be used for his/her care in the facility.

There are some alternatives to guardianship and a few different types of guardianship that may be better suited for an elder who has partial incapacity. A physician’s report will ultimately be the determining factor guiding the court‘s decision in determining the type of Guardianship and whether Guardianship is necessary for the alleged ward. The Guardian for the Person is usually a family member and the Guardianship for the Estate of the alleged ward is often a family member, trusted friend or financial institution. The process for petitioning for Guardianship involves giving the alleged ward proper notice along with a declaration of their rights, including the right to contest the Guardianship in a legal proceeding with legal counsel. Some cases involve litigation with the alleged ward and possibly family members contesting the Guardianship.

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Testimonials

Excellent attorney who cares about people

I found Mr. Story on a website - I live in Texas but had a matter taking place in Evanston, IL and I needed legal assistance. I'm certain that Mr. Story is a busy man but he listened to my long, detailed issue. He asked questions - he was genuinely concerned and gave me excellent information so that I could move forward. It's so hard not being in the same state when you are trying to take care of an important matter. He took the time to walk this through with me and I was so grateful that I found him.

~ Monica July 16, 2019

Lifesaver

I hired Jeffrey to help me navigate the paperwork for my mother’s Medicaid application. I was being 100% honest on the application, but I knew there were going to be things in our case that looked odd to the caseworker. How true this turned out to be. The application was ultimately approved, but it took nearly a year. In that terribly stressful time, through every additional set of document requests, I relied on Jeffrey’s advice and counsel. He kept me calm, focused, and on track. He knew when to push back when the requests were ridiculous, and when to seek additional advice when they were baffling. And through it all he never billed me for a single dollar more than the flat fee I paid up front. I highly recommend Jeffrey.

~ Frank September 8, 2015

Will & Trust

Jeff executed a Will and Trust for my elderly mother. He gave us expert advice and helped my mother enormously with a contentious situation. We initially contacted Jeff because he specializes in legal affairs for the elderly and found his knowledge and sensitivity to issues most reassuring and helpful.

~ anonymous September 7, 2015
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