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North Carolina and Kentucky Estate Planning Attorneys

NC (704) 944-3245
KY (606) 324-5516
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Florence Elder Law Attorneys Can Help with the Difficult Issues

June 28, 2018 by John Potter

Florence elder law attorneys There may come a time when your elderly loved ones start showing signs of having diminished capacity. When that happens, you will need to establish a way to help them manage their affairs. Some of the most obvious signs of diminishing capacity include loss of memory and disorientation. If you have noticed these signs it may be time to take action and the first step is to create an incapacity plan. Unfortunately, this type of planning can be difficult for you and your family. Let our Florence elder law attorneys assist you with these difficult issues.

Starting the conversation about incapacity with your loved one

In order to create an effective plan, to assist your loved one with their affairs, you have to discuss various issues with them, which can be difficult. Basically, incapacity means your elderly loved one needs someone else to take care of them, their personal and financial needs and make most of their decisions for them.

Before you begin this sensitive conversation, it is a good idea to discuss everything with other family members who want or need to be involved. That way, you can be sure you are all in agreement about which steps need to be taken. It is important that all disagreements are resolved and misunderstandings corrected so that the family can present a united front when approaching your loved one. That does not mean every family member needs to be involved. That is a decision you should make depending on your family dynamic.

Keep your loved ones involved in the decisions as much as possible

Our Florence elder law attorneys suggest, that you try your best, to include your loved one in as many decisions as reasonably possible. It will make incapacity planning much simpler if there is a way for them to stay involved. When you discuss the specific elements of the incapacity plan with your Florence elder law attorneys, your loved one should participate as much as possible. It is also a good idea for siblings to be involved in the discussions in order to maintain transparency. This can help your family to avoid disputes later on.

Finding a way to balance safety with autonomy

One of the greatest challenges, when it comes to incapacity planning, is balancing the need to protect your loved one and allowing them to maintain as much independence as possible. If it is a situation where a formal guardianship must be established by the court, seniors will be very concerned about losing their independence entirely. Since guardianships are usually the last resort, remember that it should not be considered simply because your loved one makes a decision with which you do not agree or solely based on a medical diagnosis.

How to resolve family disagreements about care

Clients come to us needing assistance, in resolving disagreements between family members, about various aspect of the incapacity plan. Unfortunately, some families are more prone to disagreements in general, but when it comes to incapacity planning for a parent or other loved one, those disputes can hinder the planning process. Not all disputes are easy to resolve, however, if you provide everyone with the necessary information there is a better chance of reaching an agreement. The reality is, some disagreements stem from misunderstandings or miscommunication. If you need help resolving certain disputes, ask our Florence elder law attorneys to help.

Florence elder law attorneys can provide the help and support you need

Elder law attorneys routinely handle the types of issues seniors face.  For instance, an elder law attorney can address issues relating to nursing home care, estate planning, and guardianships. Elder law attorneys obtain specific training and experience in handling the relevant legal issues affecting seniors.  For this reason, elder law attorneys are better equipped to understand and meet the needs of their elder clients and their families.

Join us for a free seminar today! If you have questions regarding incapacity planning or any other elder law matters, please contact the experienced attorneys at The Potter Law Firm for a consultation. You can contact us either online or by calling us at (704) 944-3245 or for individuals in Kentucky at (606) 324-5516 (Ashland, KY) or at (859) 372-6655 (Florence, KY).

  • About
  • Latest Posts

John Potter

Latest posts by John Potter (see all)

  • What Happens If I Leave Assets Out of My Living Trust? - February 15, 2019
  • What are the Advantages of an Irrevocable Trust? - February 14, 2019
  • Charlotte Medicaid Attorneys Explain How to Protect Healthy Spouses - February 11, 2019

Filed Under: Elder Law Tagged With: Avoiding Family Feuds, Avoiding Guardianship Proceedings, estate challenges, Estate Plan, Estate Planning, Guardianship, incapacity, Incapacity Planning

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Testimonials

My husband and I selected Ms. Potter to assist with our small business. She responsive and attentive every time I have a question or need assistance, and is extremely knowledgeable and able to answer any legal question I have had. I know I can count on Ms. Potter for all of my business legal needs and I would highly recommend her to anyone needing legal assistance with such.
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John Potter has been a real pleasure to work with. He is very knowledgeable and explains things in a very simplistic manner so the average person can understand how/why the laws are written. He is very attentive and asks questions in such a way that not only helps him understand your goals, but also helps you think about what type of goals and expectations you should be considering. Exemplary client service.
David J.
Overall The Potter Firm was very professional. They took what could of been a very complicated process and were able to break it down so it was a lot easier to understand. We are confident we now have made the right decisions in our estate planning. Good firm to work with.
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Where We Are

Ashland

ASHLAND
1620 Carter Avenue
Ashland, KY 41101-7631
Phone: (606) 324-5516
Fax: (606) 324-4766

Charlotte

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15720 Brixham Hill Avenue
Suite 300,
Charlotte, NC 28277
Phone: (704) 944-3245

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HUNTERSVILLE
11330 Vanstory Drive
Huntersville, NC 28078
Phone: (704) 944-3245

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NORTHERN KENTUCKY
7310 Turfway Road
Suite 550,
Florence, KY 41042
Phone: (859) 372-6655

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