Colorado Springs Legal Blog

Everybody struggles to find gifts during the holiday season that express their love for family and friends. While it might seem strange, an estate plan might be an absolutely wonderful gift for someone you love.

No matter how young someone is, a basic estate plan is a necessity these days -- but many people delay putting their wishes in writing because there always seems to be a more pressing issue to handle (and another place to spend the money). That's what makes an estate plan such an ideal gift. Many attorneys have modest fees for basic plans, like a will and power of attorney documents.

When a beloved relative's health and mental functioning are seemingly in decline, it's only natural for relatives to want to step in and protect him or her from abuses.

What happens, however, when there are different opinions about what's best for the senior? What if the senior objects to their attempts? After all, being given a guardian is the end of the senior's autonomous existence and personal freedom.

If you have not yet brought up the subject of estate planning with your parents, you are not alone. Many families are just not comfortable talking about money around each other and the subject of death is never easy to bring up. Your parents may have also shied away from the subject because they feel insecure about discussing their finances or they may believe they will lose control of their money. 

What happens when an elderly loved one needs someone to handle his or her financial affairs as a conservator? What if they also need someone to take charge of their day-to-day welfare as a legal guardian? Is it better to have a family member of a professional handle the job?

It depends. There are some very good professionals out there who can assist family members with their elderly loved ones by either handling the conservatorship or guardianship entirely or by just advising the family members who are willing to take on the jobs. A competent professional can often ease family tensions -- especially if there are allegations of elder abuse or financial manipulation. Professionals can often resolve a lot of issues when family members can't agree on how to handle a senior's affairs by providing unbiased guidance.