robert w. maher
Attorney-at-Law  · Partner with the Law Firm Dyer & Maher.
Guardianship / Incapacity

When a person is incapacitated, he or she is not able to manage their own financial or health matters. In order for other persons to be able to act for you, only a court-appointed guardian or a designated agent identified in a written durable power of attorney may act for you. If you do not have in place written durable powers of attorney designating an agent, application to a court for guardian appointment is the only other option. Court guardianship proceedings take time and cause delay, are expensive, and the court has the right to choose a guardian who may not be someone you would choose. Using written durable powers of attorney, you have the right to designate those persons you would rely on to manage your affairs during your period of disability, and they may act immediately without delay. Most people prefer to avoid the expense of probate court by naming their own agent and signing a Power of Attorney.