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Guardianship Attorney & Cognitive Impairment Legal Help

The incidence of Cognitive impairment increases dramatically as we age, and enlisting the help of experienced elder law or guardianship attorney is an important step in protecting our family members, as well as a crucial part of our estate planning decisions.

The statistics are sobering; in fact, more than 50% of people over age 85 suffer from some level of cognitive impairment. Concerningly, cognitive impairment is showing up in younger people as well. If you become mentally incapacitated, a court may appoint someone to protect you and your assets unless you have appointed someone to make decisions for you through a valid power of attorney.

It’s important to understand how guardianships work and why a power of attorney is usually a better option. If you have questions about guardianship in Montgomery County, PA, or Chester County, PA, Slutsky Elder Law has the answers you need.

Leading Up to the Guardianship – A Guardianship Attorney can Help

When you are suffering from cognitive impairment, you might begin to have trouble making decisions about your finances, your medical care, or your living arrangements in Montgomery County, PA, or surrounding areas. Often, a friend or loved one notices that you lack the mental or cognitive capacity to make appropriate decisions for your welfare.

Anyone concerned about another person can file to have them declared incapacitated and have a guardian appointed. An interested party can oppose the appointment of a guardian but must have a blood or other close relationship. In either case, it’s best to seek the advice of an attorney with guardianship experience to address the correct path when trying to protect an impaired individual.

Generally, courts schedule hearings on guardianship cases within 30 to 60 days after the petition is filed due to Pennsylvania’s statutory requirement that the alleged incapacitated person receives 20 days’ notice of the guardianship proceeding. However, when the allegedly incapacitated person is at imminent risk of harm, emergency hearings can be scheduled in as little as 24 to 48 hours after filing.
During the hearing,

  • The prospective guardian will present evidence that you are incapacitated.
  • The judge will require medical testimony to prove you meet the legal definition of incapacity.
  • The prospective guardian also must prove that less intrusive options are not available, including community support or a valid power of attorney.

Generally, the judge will appoint a guardian if you appear to be incapacitated. Wouldn’t you rather have someone you trust filling this role? With the assistance of an attorney in Montgomery County, PA, you can prepare all the necessary legal documents to ensure the person appointed as your guardian is someone who will truly be looking out for your best interests.

Guardianship lawyer in chester county pa
Cognitive Impairment: Medical Causes and Diagnosis
The Risks of Aging-Cognitive Impairment and Long Term Care

After the Appointment

When a guardian is appointed for you, their powers might be plenary, which means they make all of your medical or financial decisions. A guardianship attorney will tell you that in a limited guardianship, you retain the right to make some decisions for yourself.

Guardians must account to the court for the actions they take on your behalf, in part by filing annual reports with the court. Also, guardians must seek court approval before performing certain tasks, including:

  • Selling your home
  • Doing your estate planning
  • Withholding or withdrawing life-sustaining care from you

Due to the continued court oversight, guardianships are more costly and move more slowly than other tools, like a power of attorney. An attorney in Chester County, PA can help you write up a power of attorney you can grant to someone you trust. That way, you will be less likely to need court intervention and the appointment of a guardian who may not be someone who knows you very well.

An Alternative to Guardianship

The best way to handle guardianship is to avoid one in the first place.

And a guardianship attorney will tell you that the best way to do that is by signing a properly drafted power of attorney before the onset of any cognitive impairment. This can prevent many unnecessary guardianships.

Your power of attorney allows you to:

  • Choose a trusted person to make decisions for you if necessary, instead of letting a judge do it for you;
  • Avoid costly court oversight and legal fees associated with guardianships, and
  • Take advantage of asset protection tools and strategies not available to a guardian.

At Slutsky Elder Law, we often help clients protect their futures through powers of attorney, estate planning, and guardianship proceedings in Montgomery County, PA, and nearby communities.

Caring & Compassionate Guardianship Attorney in Montgomery County, PA

Guardianship Attorney and Cognitive Impairment Legal HelpIf you have not selected someone to hold your power of attorney and filed the necessary documents to make that selection legally binding, you could end up having your decisions made for you by the wrong person. What kind of decisions can a guardian make on your behalf? Guardianship lawyers will tell you that they can make all these decisions and more:

  • Deciding on your living situation, including whether or not you get to live independently or in a skilled nursing facility;
  • Paying your medical bills and other expenses;
  • Managing your assets and making investment decisions on your behalf;
  • Approval of medical treatment.

As you can see, having the wrong guardian can seriously impact your quality of life. Guardianship attorneys can give you advice about how to avoid situations like these. If are currently looking for professional guardianship lawyers in Montgomery County, PA, know that Slutsky Elder Law is one of the most experienced firms in the area. When Robert Slutsky decided to focus his practice on elder law topics almost 30 years ago, there were very few guardianship attorneys in the area. Today, he is considered a top estate attorney in Montgomery County, PA and he would be happy to work with you to develop a legally binding power of attorney. We also have offices in Delaware County and Chester County, PA.

The incidence of Cognitive impairment increases dramatically as we age, and enlisting the help of experienced elder law or guardianship attorney is an important step in protecting our family members, as well as a crucial part of our estate planning decisions.

The statistics are sobering; in fact, more than 50% of people over age 85 suffer from some level of cognitive impairment. Concerningly, cognitive impairment is showing up in younger people as well. If you become mentally incapacitated, a court may appoint someone to protect you and your assets unless you have appointed someone to make decisions for you through a valid power of attorney.

It’s important to understand how guardianships work and why a power of attorney is usually a better option. If you have questions about guardianship in Montgomery County, PA, or Chester County, PA, Slutsky Elder Law has the answers you need.

Patty Ewing
2022-06-29
Verified
From the first initial contact to Robert, I explained my situation to him about my dad who has alzheimers and was concerned about his house. I had filed for medicaid without first consulting and never read the fine print, he was very compassionate, caring and very knowledgeable of the Elder care law, he assured me things would be ok. He made the transfer of the home very easy, He was always there to answer all my questions and concerns, I learned a very valuable lesson, before you consider filling out medicaid, or placing parents in a home please cosider consulting with Robert Slutsky, He made it very less stressful on myself and my father, I cant thank him enough,
Mindy Mozenter
2021-06-07
Verified
I have had such positive exeriences referring friends and family to Slutsky Elder Law. I can't thank him enough for all his does for the Aging folks in our community.
Mystoffelees
2021-05-08
Verified
My wife and I had been caring for my father, who was suffering from dementia. Eventually he became ill enough to require a full time care facility, and we needed to apply for Medicaid to cover the cost. His financial situation was extremely complex and we knew we would need help navigating the process, so we turned to Slutsky Elder Law for assistance. From start to finish, Mr. Slutsky stayed with us and was able to successfully get him covered. We would never have been able to do this on our own. I would definitely recommend Slutsky Elder Law to anyone seeking assistance in these matters.
Alan Prushan
2021-05-06
Verified
Rob... Is a highly knowledgable and connected attorney in the Elder Care space. He provided our family with excellent strategies for elder care and asset protection. His contacts in the right places enabled us to effectively transfer an asset that had been in process for years. Rob is a caring individual who is empathetic and understanding of the emotions families deal with it addressing elder care issues. I highly recommend Rob and Slutsky Elder Law.
Allison Ballantine
2021-02-14
Verified
We had an incredibly positive experience. The office was patient and extremely well organized. We felt like Robert had all the knowledge, along with a sense of humor and great manner we were looking for as we navigated some complex issues.
Leona Mangol
2020-12-24
Verified
From the time of our initial contact with Robert Slutsky, Esq., we found him to be extraordinarily knowledgeable about all aspects of planning needed tied to asset protection and special needs as they relate to placement of my husband in a nursing home. In an early meeting, Mr. Slutsky was able to outline what I needed to gather as background material, as well as other issues that might require more discovery on my part. And, as the weeks passed, I was able to gather what was needed - for a full review with Mr. Slutsky, after which we put in place a planned target date as plans moved along. His wide overall knowledge of overarching Elder Law Issues enabled my son and I to capture a greater understanding of its broad and overarching aspects. Mr. Slutsky, along with his knowledgeable paralegal staff, gave great assistance with our needs and made our journey on this road much easier to handle. For all he does, and for all they do, I am eternally grateful.
Rosebud
2020-11-11
Verified
My experience with Elder Lawyer, Robert Slutsky was nothing but positive. Mr. Slutsky was always available to answer my questions and concerns. He was compassionate and understanding during the most stressful decisions regarding the care of my husband. His advice, guidance and patience helped me the most. Mr. Slutsky understood the emotional stress and was always able to comfort me as well as give the best advice regarding the right decisions for my husband and me. I highly recommend him to anyone in need of an Elder Lawyer; Mr. Slutsky will guide and give the best advice regarding your situation. I am most grateful I had Mr. Slutsky to help me with the care of my husband.
laura murphy
2020-04-03
Verified
Attorney Rob Slutsky is outstanding in every way, in not only meeting, but surpassing all expectations I had for an elder law attorney. Last year, when relatives tried to take away my long ago granted power of attorney over my incapacitated husband's affairs, Rob stepped in immediately to file an emergency petition for guardianship. He is always careful to follow ethical guidelines at all times, (which I can say as a retired lawyer, is becoming rarer and rarer in the legal profession). Mr. Slutsky negotiated a fair and reasonable settlement on behalf of me and my husband. He has excellent professional connections who give advice on all aspects of elder law and care, and he guided me to several superb liaisons to help me with difficult decisions. It is impossible for me to lavish enough praise for Mr. Slutsky's acumen, experience and immediate response to my and my husband's needs. I am very grateful to have found him to help me and my husband when we were most in need of legal advice. I can recommend his services without reservation.
Carmen Verrilli
2020-03-23
Verified
Slutsky Elder Law was highly recommended to me by the Elder care program my mother was using. She wanted to take care of things ahead of time. Because my mother couldn't travel well, Mr. Slutsky came to her house. In less then 10 minutes, it was like having an old friend over. He made both my mother and myself feel very comfortable about what could be an uncomfortable situation. His recommendation and explanations made sense and he made sure both my mother and me completely understood all the details. When he left, we had a full understanding and knew exactly what was being done. Unfortunately, four months later my mother suffered a debilitating stroke. As she was on life support for a few days, I reached out to Robert and he again helped me through a most difficult time. He also assisted with the estate settlement and made the process very smooth. Handling all the details with the city, even meeting me at the Register of Wills Office to make sure I understood everything. Robert and his staff were always there when I needed them, always had an answer to my questions, always were very understanding and compassionate. The entire office was nothing but professional and most helpful. I wish more businesses operated like them.
Carol Hanna
2020-03-18
Verified
Google rating score: 5 of 5, based on 11 reviews.
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