Serving as Guardian
Power of Attorney
Legal authority to assist your loved ones
Oftentimes the family members of elderly persons, developmentally disabled persons, and mentally ill persons do not have the necessary legal authority to assist their loved ones with medical decisions, legal decisions, or financial decisions. In other instances, there may be a need to protect assets, to manage assets, and to deal with the affairs of a loved one who has passed away. In order to provide such services a “fiduciary” is given legal authority to provide the necessary assistance. Family members, friends, professionals, or corporations can serve as fiduciary to provide persons with necessary assistance. A fiduciary may be appointed through the drafting of formal legal documents or the filing of various petitions with the Probate and Family Court Department. Examples of different types of fiduciaries are guardians, conservators, trustees, power of attorney, health care agents, or personal representatives.
At Cohen Cleary, P.C., our attorneys offer comprehensive fiduciary services. This includes planning and taking the steps to provide you or a family member of your choosing with the legal authority to serve as guardian, conservator, trustee, power of attorney, health care proxy, or personal representative (formerly known as an ”executor” or an “administrator”). If you or a family member are not interested in serving as a fiduciary it is possible to receive assistance from an experienced professional fiduciary who can serve in those roles. The process of planning and selecting a fiduciary can be a confusing profess. We have an experienced team of attorneys who will guide you through this process and can serve as your professional fiduciary. This includes our attorneys serving as the guardian, conservator, trustee, power of attorney, health care proxy, or personal representative for you or your loved one. While serving in these roles we bring with us years of experience to ensure that all personal matters, medical matters, financial obligations, and estate issues are addressed. In addition to serving as guardian, conservator, trustee, power of attorney, or personal representative, our office can assist you or your family in selecting the fiduciary options that are best for your specific circumstances. This is true even if immediate personal and financial assistance from a fiduciary is not yet necessary. Advance planning can help to ensure that the best and most cost effective options are put in place to protect you and your loved ones.
At Cohen Cleary, P.C., we will help you to understand the available options and to create and implement a plan to safeguard the health, safety, and well being of you and your loved ones. This includes providing clients with all available options to meet their specific needs. There are usually many options available and we pride ourselves in finding the options that are best suited for you and your specific circumstances. As part of this process we can assist with estate planning, drafting of all required legal documents, petitioning the Court to provide legal authority to a family member or professional, as well as the possibility of serving as your professional fiduciary. We carefully guide clients through the available options to ensure that our clients are able to make an informed decision that satisfies their specific needs and budget. We also can help you to take action if a family member or professional fiduciary is appointed and is not acting in the best interest of you or your loved one. All fiduciaries owe a “fiduciary duty” to act in the best interest of the person they are helping and they must comply with applicable law. If you are faced with a situation where this is not happening we can help to evaluate your options and take action to address the problem.
Already Have An Estate Plan?
Finally, if you have already created an estate plan or are already performing fiduciary duties on behalf of a loved one, our office can assist you in a number of different ways. If you are a guardian, conservator, trustee, power of attorney, health care agent, or personal representative you have the right to be represented by an attorney. In representing fiduciaries we help clients to prepare required Court filings such as inventories, monitor reports, care plan reports, annual accounts, etc. We also will work to assist you in fulfilling your fiduciary obligations and to avoid possible violations of laws, court rules, or otherwise exposing yourself to possible liability.
Cohen Cleary, P.C. understands the personal and financial decision making needs and all options available to ensure those needs are met. We are conveniently located with offices in Raynham and Plymouth, Massachusetts. Please contact us at (508) 880-6677 or Request a Consultation online.