Bloomsburg Guardianship Lawyer
As a person gets older or suffers severe, disabling injuries, fiduciary relationships like guardianship or power of attorney can ensure that a vulnerable person has the care and support they need. In many cases, a family member or other loved one can step in to act as a fiduciary. However, professional advisors can also serve as fiduciaries, including when an incapacitated individual does not have loved ones who can serve due to their health or personal challenges.
If you or a loved one needs a professional to serve as a guardian, agent, or trustee, turn to KMA Guardianship & Fiduciary Services, a division of Kreisher Marshall & Associates, LLC, for help. Our experienced team can provide care, guidance, and support to vulnerable adults if they do not have family or friends to assist them. Contact us today for an initial case evaluation to learn more about our services and discuss how we can assist you or a loved one.
Understanding Guardianship
When an adult becomes incapacitated and unable to manage their affairs, the court may establish guardianship for that person. In guardianship, the court appoints a trusted family member, friend, or professional advisor to make decisions and act on behalf of the incapacitated person.
Guardianship may authorize the family member, friend, or professional advisor to handle an incapacitated person’s financial, medical, and personal matters. Financial matters can include the authority to handle financial transactions on behalf of an incapacitated person, including managing their income and investments, paying expenses, and acquiring or selling property on their behalf. Medical matters include choosing healthcare providers, making treatment decisions, and deciding end-of-life care. Personal matters can include the authority to decide where an incapacitated adult lives, such as at home or in a skilled nursing facility, and what social services they receive.
When establishing guardianship, a court must find that the alleged incapacitated person cannot make or communicate decisions regarding their affairs due to physical disabilities, cognitive decline, substance abuse, or mental health issues. In some cases, a court may order limited guardianship, which authorizes a guardian to handle a limited set of matters on behalf of an individual; courts can order limited guardianship if they find that the individual retains the capacity to handle specific financial, medical, or personal matters. However, when a person becomes completely incapacitated, the court may establish plenary guardianship, giving the guardian full authority over the person’s affairs; the court may require the guardian to seek court approval for specific significant decisions, such as invasive medical treatment, end-of-life care, or real estate transactions.
Guardians must file regular reports and financial accounting with the court to document the actions and decisions taken on behalf of the incapacitated person and advise the court of the person’s current physical and cognitive health. When guardians have authority over a person’s financial affairs, the court may require the guardian to post a bond or other financial security to protect the incapacitated person against financial losses caused by the guardianship.
Other Fiduciary Relationships
Incapacitated or vulnerable adults may have help and support through other fiduciary relationships. For example, many adults may prepare for future disability or incapacity by executing a durable power of attorney. Through a power of attorney, a person can grant another individual, called an agent or attorney-in-fact, the authority to take specific actions or make specific decisions on behalf of the person; a durable power of attorney allows this authority to continue after the person has become incapacitated and unable to make or communicate decisions for themselves. However, a person must create a power of attorney while still possessing the capacity to handle decisions for themselves; they cannot create a power of attorney after losing legal capacity.
Vulnerable or older individuals may rely on trusts and trustees to help manage their financial affairs. A person may use a trust to hold and manage money or assets, such as real estate or investments. The trustee will manage and invest the trust’s assets and distribute income and principal from the assets under the trust’s terms. Trustees have a fiduciary duty to act in the best interests of the trust and its beneficiaries, including prudently managing the trust’s assets and refraining from self-dealing or benefitting from the trust to the detriment of the trust or beneficiaries.
Our Guardianship and Fiduciary Services
KMA Guardianship & Fiduciary Services is a division of the law firm of Kreisher Marshall & Associates, LLC, a legal practice focused on serving senior citizens and individuals with special needs. The division provides guardianship, power of attorney, and other fiduciary services to vulnerable individuals across Pennsylvania.
Our team includes the principal attorneys of Kreisher Marshall & Associates, LLC, who are Certified Elder Law Attorneys as designated by the National Elder Law Foundation as authorized by the Pennsylvania Supreme Court as elder law attorneys. Attorney Marianne E. Kreisher has also received national certification as a guardian. Our team includes elder care coordinators, certified Medicaid planners, accredited case managers, and other support staff. We have years of experience providing guardianship and other fiduciary services to older and disabled individuals who require support from a guardian or fiduciary. Each employee on our team undergoes a criminal record check every six months. Our employees also have professional liability insurance coverage of up to $1 million. Our licensed attorneys and support staff also regularly participate in continuing education.
KMA Guardianship & Fiduciary Services assists individuals who lack the physical or cognitive capacity to manage their affairs and do not have loved ones or trusted advisors to rely upon. Our team can serve as a fiduciary to vulnerable individuals, whether as a court-appointed guardian, an agent under a power of attorney, or a trustee of a special needs or other type of trust. Our certified elder law attorneys, Marianne Kreisher and Marissa Marshall, directly supervise all fiduciary services provided by KMA Guardianship & Fiduciary Services. Our staff conducts face-to-face visits with clients in person or via video conferencing at least once per calendar quarter. We also conduct status updates and check-ins with clients at least once per month and usually more frequently. Our team remains available to help clients with emergencies 24/7.
Why Choose KMA Guardianship & Fiduciary Services?
Choosing a professional firm to act as a guardian or fiduciary for a disabled or incapacitated individual represents one of the most critical decisions in protecting a vulnerable adult’s interests and welfare. Turn to the team at KMA Guardianship & Fiduciary Services to provide the guidance and support you or a loved one needs because:
- Our attorneys and staff have decades of experience in Pennsylvania elder law and guardianship matters. Our principal supervising attorneys hold board certifications in elder law.
- Our roots in Columbia County and Pennsylvania stretch back over 140 years, and we make it our mission to give back to the community and make a positive difference for our neighbors.
- We handle every case or matter to build a long-term relationship with our clients, working hard to provide the support they can rely on throughout their lives. Our professional fiduciaries make clients’ needs and wishes their number one priority.
- Competitive rates
Contact A Guardianship Lawyer for Help Today
When an older or vulnerable individual requires a fiduciary to help manage their financial, legal, medical, and personal affairs, KMA Guardianship & Fiduciary Services can help if they do not have family or friends to rely on for support. Contact us today for a confidential consultation with our attorneys and staff to learn more about our fiduciary services and discuss how we can help.
