Clients are commonly confused about various fiduciary roles and their duties. The job of helping them understated these roles and the obligations that with them is typically that of the elder and probate law attorney. But lawyers, especially those who have not practiced long in the probate and elder law arena, may find explaining the rules to their client difficult…
In everyday conversation, the word “guardian” could have many meanings. But in elder law, and in probate court, the term is used more precisely. It means someone who is appointed by the court to make decisions about the care needs of someone who is unable to make decisions for themselves.
It is not uncommon to become involved in legal disputes where someone is troubled by the way a “power of attorney” is behaving…