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Opinion

ASK HARRY: Should a Guardian or Conservator Ever Be Appointed If a Health Care Proxy and Durable Power of Attorney are in Place?

  • Harry Margolis, Esq. has been representing seniors, individuals with special needs and their families since 1987. Harry Margolis, Esq. has been representing seniors, individuals with special needs and their families since 1987.

Question: If someone has signed a health care proxy and durable power of attorney while they have capacity, is there any benefit to also petitioning for guardianship or conservatorship later on if that individual is deemed to be incapacitated? In other words, does an invoked health care proxy and power of attorney provide the same legal authority and decision-making power as that of an established guardianship and conservatorship, or are there other benefits to petitioning for conservatorship or guardianship?

Opinion

ASK HARRY: How do you find out if someone has a will?

  • Harry Margolis, Esq. has been representing seniors, individuals with special needs and their families since 1987. Harry Margolis, Esq. has been representing seniors, individuals with special needs and their families since 1987. Harry Margolis, Esq. has been representing seniors, individuals with special needs and their families since 1987. Harry Margolis, Esq. has been representing seniors, individuals with special needs and their families since 1987.

Question: How do you find out if someone has a will?