Guardianship & Conservatorship
Difficult decisions don’t have to be made alone. Let us help.
The decision to act as Legal Guardian or financial Conservator for a loved one is not always an easy one. Elderly adults often become resistant to help and families often disagree about what is best for their loved ones. Established family roles can be upset by one person assuming the role of decision maker. Whether your loved one is disabled or an elderly parent who is no longer able to care for themselves, Peak Legal Group, LLC can help you through this process. If the need for future assistance is anticipated, such as in the case of progressive dementia, we can help families avoid a formal Guardianship or Conservatorship by creating a Durable Power of Attorney or a Trust with disability provisions. By doing so, your loved one can retain some of their independence while ensuring that they receive the care they need.
We can also assist with obtaining a Kinship Guardianship for a child whose parent(s) are unable to care for them. Once a person is appointed as guardian, the rights and responsibilities of the child’s parents are transferred to the guardian. If a child is in the legal custody of the State, Guardianship can only be obtained through the Children’s Code. Before a person can be appointed Guardian under the Children’s Code, the State Children, Youth and Families Department must consent to the appointment of the Guardian or the District Court must overrule the Department. Peak Legal Group, LLC excels at working with families with children in State custody to provide for the best interests of the child.
Powers of Attorney
POAs can be limited, general, durable and non-durable. Using forms without obtaining good legal advice is likely to result in the failure of the Power of Attorney which in turn may cause the failure of any actions attempted to be completed by the agent using the POA. Powers of Attorney may the the single most incorrectly applied forms that are creating legal problems for individuals using forms that they do not understand because a competent attorney was not consulted. At Peak Legal Group LLC, we can help our clients draft, understand and execute Powers of Attorney that will enable the client to assist family members or other individuals with the confidence that comes from knowing that the Power of Attorney is the proper form and how the POA may be used to assist the principal that executed the POA.
Advanced Healthcare Directive
While we all hope that we can make our own medical decisions, we are all at risk of being in a position where we either cannot make a medical decision or cannot communicate our decision to health care providers. The Advanced Health Care Directive gives the client the peace of mind that comes from knowing that our clients have selected a trusted individual to assist with medical decisions in the event that the client is unable to do so on their own. This is one of the essential estate planning documents that each individual should execute.
Transfer on Death Deeds
Transfer on Death Deeds are a great way to pass real estate to your heirs without going through the probate process. Probate can take 6 months to many years. The average probate proceeding will cost between $2,000 and $4,000 in attorney fees. A transfer on death deed can convey real property located in New Mexico to your heirs without the need for a probate proceeding. However, the process must be completed correctly. That begins with understanding the present title. Competent legal advice is crucial to avoiding probate and for drafting/executing proper transfer on death deeds.