The Importance of Guardianship in Las Cruces, NM

Press Services
Monday, December 11, 2023 at 6:00am UTC

Planning for a Family Member's Continued Care With the Help of E-Law PC

Las Cruces, United States - December 11, 2023 / E-Law PC /

E-Law PC can help you and your loved one understand the process of guardianship in Las Cruces, NM. If you have a disabled or elderly family member, there's a good chance that he or she needs a lot of assistance. After an individual turns 18 and no longer attends school, the law sees that person as an adult. It does not matter if the adult in question is able and capable of taking care of all of their own needs, as only a guardian or conservator is allowed to speak on that person's behalf.

It is important to note that without a legal document, you cannot intervene or assist any adult, disabled, elderly, or otherwise in any aspect of their lives. Conversing with the person and discussing whether guardianship in Las Cruces, NM, is a viable option is crucial. If an individual cannot speak or understand, a comprehensive evaluation must be conducted before their appearance in court to obtain guardianship.

Why You Might Seek Guardianship in Las Cruces, NM

A family member or third party can support any individual who needs substantial support or care. However, due to legal restrictions, the person providing support refrains from making significant financial decisions, making medical decisions, or consulting with medical professionals regarding the care of the person requiring support. 

To be "in the loop" fully with caring for an elderly adult or an adult child with special needs, you must hire a lawyer experienced in elder law and get guardianship or conservatorship through the courts.

Guardianship vs. Conservatorship vs. Power of Attorney

There are three ways you can assist the person you provide care for. Guardianship assigns you full and irrevocable authority over the individual. If it's certain that the individual cannot make any safe decisions for themselves from this point forward, guardianship becomes necessary. The court would expect a full psychological workup to determine if the individual can't make further decisions.

A conservatorship means that you and the person you care for are on nearly equal footing. You are responsible for finances, investments, property, and sometimes medical decisions. They do have some say if they are cognizant of certain situations. A conservatorship can be reversed through the courts.

A power of attorney means that the person you care for agrees to have you help them from time to time in situations where they might not know what to do. It's a give-and-take situation where they can revoke your power of attorney at any time. However, you can still have enough authority to speak on their behalf for medical needs and some legal situations.

Why Hire E-Law PC?

Ms. Ungvarsky has 28 years of experience in estate planning, wills, trusts, and elder law in Las Cruces, NM. She has been assisting families navigate the legal intricacies of these types of cases and knows the process well. To contact E-Law PC, book a consultation through their website, where you will find a brief contact form to fill out.

Contact Information:

E-Law PC

1340 Picacho Hills Drive
Las Cruces, NM 88007
United States

Contact E-Law PC
(575) 339-6393
https://planitforward.com

Facebook LinkedIn