Elder Law Attorneys in Beaufort, South Carolina

What is an Elder Law Attorney?

In general, an elder law attorney is a lawyer whose is well versed in the legal needs of older individuals, those with special needs or disabilities, and their families. An elder law attorney in Beaufort, South Carolina can assist with a variety of issues, such as incapacity planning, special needs trusts, guardianship and conservatorship appointments, among other issues.

While most elder law attorneys are also estate planning attorneys, not all estate planning attorneys are elder law attorneys. The distinction is that those who practice elder law focus on more than end-of-life planning by ensuring the proper documentation is in place to deal with incapacity during lifetime, and ensuring proper planning to protect those beneficiaries who might be incapacitated or disabled.

In addition to planning, an elder law attorney can assist with other age related issues, such as guardianship and conservatorship appointments, enforcing valid powers of attorney, and the proper administration of an estate and trust when a disabled or incapacitated individual is involved.

If you are in Beaufort, South Carolina and searching for an elder law attorney who can assist you, call Jolley Law Group today. We are here to assist with a wide variety of elder law issues, or, if we determine your issue falls outside the scope of our practice, we can find you the perfect referral to address your specific need.

Empowering Families: Guardianship Attorneys in Beaufort, South Carolina

Guardianship and Conservatorship in South Carolina is a complicated process that should be undertaken with the assistance of an attorney who understands the nuances of the law. In Beaufort, South Carolina, the elder law lawyers of Jolley Law Group can help you determine if guardianship and/or conservatorship is an appropriate course of action.

When should you contact an elder law attorney in Beaufort, South Carolina regarding guardianship and/or conservatorship?

The answer is never simple. Generally, guardianship is appropriate when you are caring for an adult and lack authority to manage his or her finances and make his or her medical decisions. For example, you may care for your disabled child their entire life, but your ability to make certain decisions is limited when they attain 18 years of age. Similarly, as a loved one grows older, or as disease progresses, they may no longer be able to manage their affairs.

In South Carolina, an individual loses certain rights when a guardian is appointed for them. Therefore, the process is strictly scrutinized by the Probate Court and the law governing guardianship and conservatorship requires the appointment be the least restrictive alternative. This means that you must prove to Court there are no other options available, e.g., valid Power of Attorney, etc.

The elder law attorneys in Beaufort, South Carolina of Jolley Law Group can help you and your family evaluate the circumstances and navigate the appropriate steps.

If you are concerned for a loved one’s well-being and believe you need to seek appointment as a guardian or conservator, call the elder law attorneys of Jolley Law Group today.

What are the Requirements for Establishing a Guardianship in Beaufort, South Carolina?

A guardian is appointed after a court determines a person is incapacitated to the extent he or she can no longer make sound decisions for themselves, and there are no other less restrictive alternatives. You might think your loved one is incapable of taking care of themselves, but the court sets a high standard for capacity. Before you seek a guardianship, you should speak to a guardianship lawyer to determine whether your loved one meets the legal requirements to be deemed incapacitated.

There are many reasons why a person might need a guardian. If their dementia or Alzheimer’s disease has progressed and the individual is no longer able to manage their financial lives or make other decisions regarding care, then a guardianship proceeding may be necessary. If a person has been diagnosed with a serious mental illness that cannot be managed with medication (or the person refuses to take medication), then the family might try to petition the court to establish a guardianship to protect their loved one’s well-being. Individuals with substance abuse disorders may also sometimes require a guardian, especially if their substance abuse issues make it impossible for them to make decisions or to care for themselves. Sometimes the need for a guardianship can arise suddenly. If a loved one suffers a serious head injury, a guardian may be required to ensure that your loved one’s financial affairs are property managed.

Yet it is important to keep in mind that the mere diagnosis of traumatic brain injury, dementia, Alzheimer’s disease, intellectual disability, substance abuse disorder, or mental illness, isn’t sufficient to justify the establishment of a guardianship. Family members or loved ones seeking a guardianship appointment must show that the person might harm themselves, others, cannot make sound decisions regarding their finances and care, and there is no other alternative available to protect the individual. In some cases, you and your family may be able to achieve your goals by pursuing alternatives to guardianship.

If you have questions about whether a guardianship is right for your situation, reach out to the guardianship lawyers in Beaufort, South Carolina of Jolley Law Group. We can help evaluate the circumstances, review the law with you, and determine the course of action that is in the best interest of your loved one.

Do I need Guardianship?

It can be difficult to decide that your loved one needs a guardian as the appointment of a guardian significantly curtails your loved one’s freedom. How do you know when your loved one poses a risk to themselves or others or is no longer able to manage their financial affairs? Here are a few examples:

·     Accidents -- whether it’s a fire in the kitchen, or the refusal to stop getting behind the wheel despite frequent collision. These events could be a sign that your loved one poses a danger to themselves or others.

·     Refusal to seek medical attention. If your loved one doesn’t take his or her medication or if his or her refusal to follow doctor’s orders is posing a risk to his or her health and safety, these poor decisions could be a sign that your loved one poses a danger to themselves.

·     Missed payments or losing money to scams. If your loved one keeps missing payments or is at risk of losing money due to fraudulent behavior, this could be a sign that your loved one poses a financial danger to themselves.

A guardianship may not always be the best path way forward. Advanced health directives, powers of attorney, and other legal instruments may also be able to protect your loved one. If you are thinking of becoming your loved one’s legal guardian, consider reaching out to a lawyer with Jolley Law Group practicing in Beaufort, South Carolina. Our guardianship lawyers can review your situation and help you determine a course of action that is in the best interest of your loved one.

How Can I Contact an Elder Law Attorney in Beaufort, South Carolina?

In Beaufort, South Carolina, you can reach the elder law attorneys of Jolley Law Group by calling 854-236-6500. If you are concerned for the safety or well-being of your loved one, this might be an understandably stressful time for you and your family. We are here to help.