When a person is no longer able to appropriately care for themselves or manage their property, it is important to ensure that they are protected.
Many people find themselves in a precarious situation when their spouse, parent, sibling, friend, etc. are no longer able to feed themselves regularly, pay their bills, see the doctor, and generally not take care of their person or finances. When a person is no longer able to appropriately care for themselves or manage their property, it is important to ensure that they are protected. When a person will not or cannot voluntarily seek assistance on their own, you may have to request the Court to intervene in order to ensure their safety. On this week’s #TuesdayTips article, the attorneys at ERA Law Group, LLC want to discuss the process of filing for Guardianship.
When filing a Petition for Guardianship of the Person and/or Property, the Petitioner is seeking the Court to declare the alleged disabled person incompetent and therefore unable to care for themselves and/or manage their property/finances. This would let the Petitioner, when appointed Guardian, to act on behalf of the alleged disabled person and make sure they are taken care of physically and financially.
The steps to file the Petition can be confusing as the Petition requires specific information and documents for filing. For example:
- The Petition requires various information about the alleged disabled person, including but not limited to their finances, the purpose of the filing, the diagnosis, etc.
- The Petition requires time sensitive certificates related to the alleged disabled person’s disability from two medical providers.
- After filing, the Court will appoint the alleged disabled person an attorney to represent them in the proceeding. The attorney will meet and speak with the alleged disabled person and contact anyone else, including the Petitioner, that s/he feels is necessary.
- The Petitioners will also be required to notify certain people and facilities that would need to be made aware of the Petition.
- Finally, there will be a hearing to decide whether the findings are such that the Court will declare the person incompetent and appoint a Guardian, presumably the Petitioner.
In most cases this process is painless. In the other cases the process can be litigious and emotionally challenging for the Petitioner, the family, and the alleged disabled person. In either case, it would be in your best interests to speak with an attorney to make sure the Guardianship process is completed effectively and accurately. In the event you oppose the Petition, it’s important to make sure your opportunity to object does not expire and your objections are appropriately identified.
The health, safety, and well-being of your friend or family member is of utmost importance. Call the attorneys at ERA Law Group, LLC today to help navigate you through this process.
Searching for a lawyer can be stressful and overwhelming especially when you don’t know where to start. To help, we’ve identified 5 resources to consider while begin your search.
Searching for a lawyer can be stressful and overwhelming especially when you don’t know where to start. On this week’s #TuesdayTip’s article, the attorneys at ERA Law Group, LLC want to give you some pointers on how to find your attorney. Below we’ve identified 5 resources to consider while begin your search:
- Lawyer Referral Services. Call your local bar association and see if there is a referral panel. Counties such as Prince George’s and Anne Arundel can refer you to an attorney that can assist you with your specific matter.
- Utilize attorney search engines. Look up attorneys in your area with sites like Avvo.com. Attorneys who maintain their profiles often identify their practice areas, contact information, rates, and you may also find former client reviews.
- Attorney Websites. You can review attorney bios, practice areas, information about the firm, and other resources that they may include on their website.
- Social Media. Many attorneys and firms utilize social media networks such as Facebook to promote their firm and often post recent articles, blog posts, and upcoming events.
- Word of Mouth. You likely know someone that has needed an attorney at some point in their life. Ask your friends and family for recommendations.
Above all, meeting your potential attorney is key. You want to make sure you connect, trust, and communicate with your prospective attorney. Here at ERA Law Group, LLC we are passionate about ensuring our clients feel comfortable and their voices are heard. Call the attorneys at ERA today at (443) 906-3566 and schedule your consultation!
Many individuals find themselves in a precarious situation when they decide to handle certain matters without an attorney. These “cost saving measures” sometimes result in quite a heavy burden.
This week’s #TuesdayTips article comes one day after a recent United States Tax Court ruling in the case of Summers v. Commissioner of Internal Revenue (Docket No. 32259-15). Many individuals find themselves in a precarious situation when they decide to handle certain matters without an attorney. These “cost saving measures” sometimes result in quite a heavy burden.
In this specific case, Mr. Summers and his wife divorced amicably and decided to move forward without attorneys. Pursuant to their agreement, Mr. Summers was to withdraw funds from his IRA and provide them to his wife. Typically, this is done via a Qualified Domestic Relations Order (QDRO). Pursuant to 26 U.S. Code Section 72(t)(1), distributions from a QDRO are exempt from the 10% additional tax typically imposed on early distributions. Unbeknownst to Mr. Summers, taking an early distribution made directly to himself would not qualify for the tax exemption even though he immediately transferred said funds to his wife for her sole benefit. As a result of an honest mistake, Mr. Summers was forced to suffer the 10% early distribution tax.
Don’t let yourself fall victim to an honest mistake. The attorneys at ERA Law Group, LLC offer fixed fee QDRO services! Call us today at (443) 906-3566.