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Frequently Asked Questions about Elder Law

Q: What is the difference between a guardianship and a conservatorship?

A: Generally, a guardianship and a conservatorship are quite similar. A guardianship is a court-ordered relationship between a person, called a guardian, who has been appointed to care for the financial and personal matters of another, called a ward, after a judicial determination that the ward is legally incapacitated. A guardian generally has the power to choose where the ward lives, make all financial decisions on the ward's behalf, determine the ward's medical care, and control the ward's food, shelter, clothing, and other personal effects. A conservatorship, on the other hand, is much more limited. A conservator is generally appointed because the conservatee has been found incapable of making sound financial decisions. The conservator is entrusted with making those financial decisions necessary to compensate for the conservatee's inabilities. The conservatee can generally function as an ordinary person, calling for limited control by the conservator.

Q: Do I surrender any rights when I execute a power of attorney?

A: No. A power of attorney simply allows an appointed attorney-in-fact the right to exercise the same rights with respect to financial matters as you do. He can withdraw money from your bank account, write checks from your bank account, and buy and sell stocks on your behalf. Because nothing in a power of attorney deprives you of these rights, you have not surrendered any rights. You have, however, surrendered the right to exercise exclusive control over your financial matters.

It is estimated that nearly four million Americans suffer some form of mental dementia, most commonly Alzheimer's Disease. That figure is expected to triple by 2050. With the onset of dementia comes the growing need for assistance with such common daily tasks as dressing and feeding oneself, administering to even modest financial matters, and providing for one's own medical care. If you have a loved one who has difficulty making sound financial and lifestyle decisions, contact an experienced elder law attorney to discuss the possibility of establishing a guardianship or conservatorship to aid your loved ones.

The elder law attorneys at the law firm of Polizzotto and Polizzotto, LLC understand from both our personal and professional experience how emotional and financial hardships that can come about as your loved ones grow older. We offer legal counsel and representation to help you through the myriad of issues that are covered under elder law. Our attorneys can help with Medicaid planning and nursing home issues, estate planning questions, trust preparation, as well as matters requiring guardianships or conservatorships. Below is helpful information to answer some of your questions on elder law.

Contact Polizzotto and Polizzotto, LLC for a free consultation on your elder law matter for a frank, in-depth discussion of the legal principles and procedures involved in resolving your situation.

Elder Law - An Overview

With the baby-boom generation advancing in age, America's senior citizens and their families increasingly encounter legal and practical concerns surrounding the care and support of elderly loved ones. An attorney experienced in elder law matters can assist clients in establishing guardianships and conservatorships to provide the day-to-day assistance many elders need to manage their financial and personal matters, preparing legal documents to allow senior citizens to predetermine medical and financial decisions during a period of incapacity, and providing for long-term medical care or nursing home residency through various funding sources. Additionally, experienced elder law attorneys can provide much-needed legal and emotional support to family members suddenly faced with the mounting pressure of caring for an elder loved one.

Guardianships and Conservatorships

When an elderly person reaches a time when, due to either old age or disability, he cannot sufficiently care for his personal, medical, and financial matters, considering guardianship or conservatorship may be wise. Guardianships and conservatorships are court-ordered legal relationships in which an appointed person or persons, called a guardian or conservator, attend to the personal or financial needs of another, called the ward or conservatee. In the context of elder law, a spouse or child is typically appointed as guardian or conservator vested with various powers as determined by the court. To determine whether a guardianship or conservatorship is appropriate in your situation, contact our experienced elder law attorneys immediately.

Powers of Attorney and Health Care Directives

Some of the simplest planning tools are powers of attorney and health care directives. While the requirements for executing these documents vary from state to state, they are generally form-driven documents that enable you to predetermine financial and medical decisions in the event you suffer a period of incapacity, during which you are unable to communicate your wishes. Contact an experienced attorney immediately to protect your wishes through a power of attorney and health care directive.

Planning for Long-Term Care

Many Americans fear the financial strain rising nursing home and other long-term care costs will have on their life savings. With a forty percent chance that nursing home care will be needed after the age of 65, those fears are not unfounded. Proper planning and competent legal advice from an experienced elder law attorney, however, can alleviate many of those fears.

Help for Families of Elder Law Clients

With the onset of old age often comes symptoms of physical and mental disability. These disabilities often deprive people of the cognitive skills needed to make sound decisions and the physical abilities to care for themselves on a daily basis. Often times, elder law clients turn to their family to provide the day-to-day assistance they no longer can offer themselves. A skilled elder law attorney at our firm can offer the support you need to cope with these growing demands.

Elder Law Resource Links

ElderLawAnswers.com
This comprehensive elder law website provides attorneys and laypersons an in-depth look at various elder law topics, including estate planning, long-term care funding, and retirement planning.

The National Guardianship Association
The National Guardianship Association strives for a nationwide excellence in guardianship. Its website offers newsletters, ethical considerations, and practical guides on various issues pertaining to guardianship.

Partnership for Caring
Partnership for Caring is a national support organization for elderly persons. Its website advises senior citizens of lifestyle choices to maximize their quality of life and health care options.

With offices in Brooklyn and Staten Island, the attorneys at Polizzotto & Polizzotto, LLC, represent clients throughout New York and New Jersey, including the Five Boroughs of New York City-NYC (Brooklyn, Staten Island, Queens, Manhattan, and the Bronx), and Garden City, Long Island. Our lawyers also represent residents of Nassau County as well as other counties throughout New York and New Jersey.

Polizzotto & Polizzotto, LLC Attorneys at Law
6911 18th Avenue Brooklyn, New York 11204 Telephone: 718.232.1250 Fax: 718.256.0966	Staten Island office: 3930 Richmond Avenue Staten Island, New York 10312