Probate

Probate

  • Healthcare Power of Attorney

Individuals or entities nominated to serve as an agent under a Healthcare Power of Attorney document are tasked with making healthcare and placement decisions for the principal (usually when the principal does not have sufficient capacity to make her own decisions). Often times, family members do not agree on healthcare or placement decisions for their loved one. It may be appropriate to have the agent removed or to have the Court provide oversight on decision-making. At the Law Office of Jerry Reardon, we can assist with resolving these issues.

  • Financial Power of Attorney

Individuals or entities nominated to serve as an agent under a Financial Power of Attorney document (often called a Durable Power of Attorney) are tasked with making financial and business decisions. These documents have different requirements and more flexibility regarding the terms of the document than the Healthcare Power of Attorney. Issues often arise regarding the management of assets by the agent. It may be appropriate to file an action to remove the agent or have the agent account for the assets under the agent’s control. We represent principals, agents, and other interested parties in asserting and defending actions regarding Power of Attorney documents.

  • Guardianship

For incapacitated adults that do not have Healthcare Power of Attorney documents or if there is an issue/dispute with the Healthcare Power of Attorney document, a Guardian may be needed to make healthcare and placement decisions for the incapacitated person. A Guardian must be qualified to serve and is appointed by the Probate Court. We handle both contested and uncontested Guardianship cases.

If a Guardianship is already established, we also represent family members and interested parties in challenging decisions made by the Guardian, including removal actions, requests for access to the incapacitated person, and request for communication and information from the Guardian regarding the incapacitated person.

  • Conservatorship (Minor and Adult)

If a minor is entitled to receive proceeds in excess of $10,000, a Conservator will likely need to be appointed. This is a formal action through the Probate Court. We represent parents and interested parties in assisting with the appointment of Conservators for minors.

If an incapacitated adult does not have a Financial Power of Attorney document or if there is an issue/dispute with the Financial Power of Attorney document, a Conservator may be needed to make financial and business decisions for the incapacitated person. A Conservator must be qualified to serve and is appointed by the Probate Court. The Conservator must file routine accountings with the Probate Court. We handle both contested and uncontested Conservatorship cases.

If a Conservatorship is already established, we also represent family members and interested parties in challenging decisions made by the Conservator, including removal actions and accounting actions.
If only a Conservator with limited powers (Special Conservator) or other limited transaction proceedings are necessary (Protective Proceeding), we can assist with these matters as well.

  • Guardian ad Litem

Greg Parker frequently serves as Guardian ad Litem in probate court matters, including estate, guardianship and conservatorship cases. If you need a Guardian ad Litem to represent a minor or incapacitated person in your probate case, contact the Law Office of Jerry Reardon.