ELDER LAW AND ESTATE PLANNING

A Health Care Proxy is a legal document used to appoint someone else (called an “agent”) to make medical decisions on your behalf in the event you are unable to do so.  A Health Care Proxy is an important estate planning document which allows you to choose the person who will make medical decisions for you in the event of your incapacity. 

Importantly, executing a Health Care Proxy can also serve to prevent the Probate and Family Court from becoming involved to appoint a guardian on your behalf.  Please contact us if you are interested in creating a Health Care Proxy. 

A Durable Power of Attorney is a legal document used to appoint another person to act on your behalf in the event of your incapacity.  Many people designate spouses, other family members, friends, or financial or legal professionals as their powers of attorney.  A Durable Power of Attorney typically provides the appointed individual with general financial powers.

Importantly, having a valid Durable Power of Attorney in place can prevent the Probate and Family Court from becoming involved to appoint a conservator on your behalf.   Please contact us if you are interested in creating a Durable Power of Attorney.  

A Last Will and Testament is a legal document that enables you to control how your estate is to be distributed after you pass away and who has the authority to distribute it.  You will decide who is in charge of administering your estate (the "Personal Representative") as well as how your assets will be distributed.  We make sure to listen to our clients to understand their unique wishes with respect to their Last Will and Testament.  We tailor all documents to meet the unique needs of our clients.  Please contact us to discuss with an attorney or to schedule a free consultation. 

A Testamentary Trust is a trust that is created within an individual’s Last Will and Testament.  They can be useful in various circumstances, such as matters involving minor children.  A testamentary trust can be used to provide for a child, while providing stipulations as to the disbursement of assets to ensure responsible use.  For instance, a parent might not want a child to receive their inheritance until they turn a certain age or graduate from college.  If this service is something that you feel may be necessary for your family, please contact the Law Offices of Mark R. Scialdone today.

When someone loses their ability to make rational, informed decisions about their health care, it is often necessary to seek the appointment of a guardian.  This can be due to Alzheimer’s disease, dementia, mental illness, or other significant health issues.  A guardian can be appointed by the Probate Court to serve as a decision-maker and to manage the personal affairs of an individual.  Once appointed, there are numerous duties imposed on the guardian, such as overseeing the individual’s care and filing annual reports with the Probate Court.  Our goal is to assist your family in making sure that your loved one is protected.  Please contact us today to discuss whether filing for guardianship is right for your family. 

A “Rogers guardianship” is a type of guardianship where the Probate Court will determine whether the guardian will be able to agree to “extraordinary treatment” for the incapacitated person.  This usually refers to treating the incapacitated person with anti-psychotic medications, but also includes other intrusive treatments and procedures.  The Court procedure for a Rogers guardianship is more complex and it frequently requires an attorney who has experience with these matters.  At the Law Offices of Mark R. Scialdone, we are able to guide you throughout the entire process.  Please contact us to discuss in greater detail with an attorney or to schedule a free consultation. 

When someone becomes unable to make decisions about their money, property, or business affairs, a conservatorship is often necessary.  This can be due to Alzheimer’s disease, dementia, mental illness, or other significant health issues.  A conservator can be appointed by the Probate Court to make financial decisions for an incapacitated person who is unable to manage their own affairs.  Once appointed, there are numerous duties imposed on the conservator, such as filing annual financial Accounts with the Probate Court.  The attorneys at the Law Offices of Mark R. Scialdone can assist your family in having a conservator appointed for a family member or loved one.  Please contact us to discuss whether filing for a conservatorship is right for your family. 

At the Law Offices of Mark R. Scialdone, we have extensive litigation experience in the Probate Court.  It is important to realize that not all probate attorneys handle probate litigation.  In fact, many probate lawyers only represent clients with uncontested matters.  Probate litigation is a complex area that requires an attorney who has knowledge of substantive probate law as well as experience in trial procedure and techniques.  Furthermore, your attorney must be sensitive to the family dynamics and the emotionally charged issues that often come into play during probate litigation.  If you would like to speak to an attorney to discuss your issue in greater detail, please contact us to arrange a free consultation.