Elder Law/Long-Term Care Planning
Elder Law is a part of the law that encompasses a variety of practice areas. Elder Law refers to any and all types of law that affect our elderly population, the fastest growing segment of the Maine population.
We assist clients with the following Elder Law issues:
- Power of Attorney
- Advanced Health Care Directive/Living Will
- Protecting and Preserving Assets/Medicaid Issues
- Family Disputes concerning the care of an elderly loved one
A Guardianship/Conservatorship involves the act of applying to the Probate Court for custody and control of either a minor or adult who cannot take care of their self.
Guardianship/Conservatorship of a Minor: This procedure would apply in the case where a non-parent (grandparent, relative) feels that the legal parent of the minor can no longer provide care of the minor, placing the child in an intolerable living condition.
Guardianship/Conservatorship of an Adult: This procedure would apply in the case where an interested person (child, sibling, parent) is concerned that their loved one, over the age of eighteen years old, cannot care for themselves. This could be for reasons of mental illness, dementia or infirmity. In most cases, a well-drafted Durable Power of Attorney, executed by the loved one before they become incapacitated, will eliminate the need for the Guardianship process. However, in certain cases, the Guardianship/Conservatorship process is unavoidable. At Ballou & Bedell we can help navigate families through these difficult decisions. Contact us for more information.