Elder Law

Elder law is the field concerned with the legal issues encountered predominantly by older Americans. The same types of legal issues are often encountered by people living with disabilities. 

Although elder law is a broad field that includes incapacity planning, Title 19 (Medicaid) planning and applications, and coordination of care at home or in long-term care facilities, at the present time our elder law practice is limited to incapacity planning and conservator proceedings in Connecticut's Probate Courts.

PLANNING FOR INCAPACITY

Nobody wants to think about the possibility of becoming incapacitated. But it happens to people every day for many different reasons. Sometimes it may be somewhat expected because of a medical condition such as Alzheimer's Disease or Parkinson's Disease. Other times, it may be the result of some unexpected trauma such as a car accident or even an unpredictable medical event like a stroke. If you were rendered incapacitated, whether temporarily or permanently, who would pay your bills? Who would make your medical decisions for you if you couldn't make them for yourself?

Planning for the possibility of incapacity is just as important as planning for your own passing. By having a power of attorney and an appointment of health care representative in place, you'll have the peace of mind that comes with knowing that in the event that the unimaginable happens, someone will be able to immediately step into your shoes and protect what's important to you. If you have minor children, you can also desginate a standby guardian that can temporarily step into your parental role if you're incapacitated. 

Many people realize the importance of having a last will and testament, but your will only takes effect when you die. The incapacity planning documents protect you while you're alive but unable to make decisions or take action for yourself. In many instances, if you become incapacitated and don't have these documents in place, it may mean a trip to the local Probate Court for your family to seek the appointment of a conservator.

CONSERVATORSHIPS

If you become incapacitated and don't have any incapacity planning documents in place, it may be necessary for your family to go to Probate Court to seek the appointment of a conservator. Connecticut has two types of conservators: conservator of the person and conservator of the estate. A conservator of the person is a conservator that is charged with making personal decisions such as where the conserved person lives and the medical care the conserved person receives. A conservator of the estate on the other hand is charged with attending to the conserved person's financial affairs. One person can serve as both types of conservators for someone, but both types of conservators don't necessarily need to be appointed for someone. Many times, if a person is receiving Title 19 long-term care benefits, a conservator of the estate is not necessary becasue a conservator of the person can handle the financial needs of that person since he or she cannot have more than $1,600 in assets. 

A conservator proceeding begins with the filing of a petition in the local Probate Court. An evaluation form completed by a medical doctor licensed in Connecticut must also be filed with the court. The evaluation must have been completed no more than forty-five days before the hearing on the petition. A conservator proceeding is considered an adversarial matter, so an attorney will be appointed to represent the person that the petition seeks to place under a conservatorship. 

After a hearing is held, the Probate Court will decide if the evidence justifies granting the petition. If the petition is granted, then one or more conservators (of either type) will be appointed with the powers the court determines are necessary under the circumstances. After the appointment of a conservator, periodic reports must be filed with the Probate Court for each type of conservator. Further hearings on the conservatorship may occur if the conserved person's attorney beleives that a hearing is necessary after reviewing the conservator's reports with the conserved person.

In short, a conservatorship can be onerous and expensive, but unforunately, it is the only way to give someone the legal authority to act for an incapacitated person if that person did not do any basic planning for the possibility of incapacity.