Modern life continues to be increasingly complicated and can often be contentious at times, thus it can be difficult to plan for and address every possible estate-related issue, concern or dispute that could develop over time to impact your personal situation and financial estate or the personal situation and financial estate of another family member. Capabilities of family members and the dynamics of family relationships can change quickly, especially when medical issues may arise or new friends or caregivers may become involved with a family member. It would not be unusual for disputes to emerge among various family members and recent new friends or caregivers concerning appropriate representation and protection of the personal interests and financial assets of a particular family member who may be experiencing declining abilities with advancing age or the impact of serious medical conditions.
Under such circumstances, independent legal advice and direct assistance from an experienced attorney can be important to assist you with determining how best to protect your personal and financial interests or the personal and financial interests of another person. Litigation could provide a means to address and reconcile competing interests and significant issues of concern, and to ensure that an appropriate representative, whether within or outside of the family, will be subject to judicial attention and oversight to help ensure that his or her responsibilities are handled appropriately.
Supportive and trustworthy family relationships are extremely important to ensuring the protection of the personal interests and financial estates of aging family members. However, senior family members may not necessarily have a fully reliable, capable and trustworthy family member or friend who will assist them appropriately in a fiduciary role. As families evolve and relationship changes occur, persons outside of the family may become close friends, partners, spouses or care providers for particular family members. Such changes may result in the emergence of various issues of concern and possibly irreconcilable disputes, especially if it may become evident that senior family members can become more vulnerable to financial exploitation by other family members or by friends, caregivers, or other persons outside of the family. Providing for oversight assistance by a trusted independent attorney, and possibly by a judge through a court proceeding, can be an effective way to help protect against financial exploitation of vulnerable family members and to secure the involvement of a capable and responsible representative for vulnerable family members.
Our estate-related civil litigation practice includes the following general areas and issues:
- Wills, Trusts and Probate
- Guardianship proceedings
- Powers of Attorney
- Elder Abuse
- Loss of Capacity
- Medical Care and Insurance
- Asset Protection and Distribution