Elder Law (Incapacity Planning / Guardianship and Asset Protection)

Suwanee Elder Law Attorney Serving Gwinnett County and Surrounding North Georgia Communities

Bryson Law Firm has provided elder law solutions to thousands of Georgia families. Elder law involves legal expertise as well as knowledge of long-term care needs, financial and asset management, and tax planning. Just as important, it requires compassion — and experience with how the decline of a loved one affects the entire family. A good elder law attorney helps to bring a family together, rather than allowing the decline of a parent or loved one to tear them apart.

The following is a sampling of the solutions provided by the elder law attorney and paralegals of Bryson Law Firm. Based in Suwanee, our elder law team serves families in Gwinnett County and throughout metro Atlanta and north Georgia.

Incapacity Planning

Incapacity planning — which may also be an important part of overall estate planning — allows adults to plan ahead for possible or anticipated illness that may prevent them from managing their own financial or health decisions. An adult may become incapacitated mentally — due, for example, to dementia, Alzheimer's, or mental illness — or physically, from an illness or accident that leaves them unconscious or temporarily unable to make decisions. Incapacity planning allows you to put documents and directives in place so that your loved ones, doctors, and possible other agents can carry out your wishes. Document solutions for incapacity planning include a Last Will and Testament, revocable living trust, irrevocable asset protection trust, durable financial power of attorney, and health care advance directive. Preplanning will usually avoid guardianship and conservatorship, discussed below.

Adult Guardianship

Guardianship is the formal process in which an individual is appointed by the probate court to handle all healthcare decisions for an incapacitated person. Guardianship may be necessary if an elder or incapacitated adult did not fully preplan for their incapacity.

Conservatorship

Conservatorship is the formal process in which an individual is appointed by the probate court to handle all of the finances and assets for an incapacitated person. In addition to the expenses of the formal appointment process, an annual fiduciary bond is also required for the conservator, with all expenses of the process and bond paid from the incapacitated person’s assets. Conservatorship may also be necessary if an elder or incapacitated adult did not fully preplan for their incapacity.

Government Benefit Planning

Government benefit planning involves repositioning or spending down assets so a person can qualify for Medicaid and Veterans Administration (“VA”) benefits to assist with payment of long-term care expenses. These benefits are discussed further in our Medicaid and VA Benefits Planning section.

Speak with Our Trusted Elder Law Team

Contact Bryson Law Firm at (404) 909-8842 or info@brysonlawfirmpc.com for more information, or to discuss your family’s unique needs with regard to elder care, incapacity planning, and long-term care planning. Serving Gwinnett County and all of metro Atlanta / north Georgia.

About Richard Bryson

Richard S. Bryson's Profile Image
Richard S. Bryson has over 20 years of experience with trusts, estates, business formation and representation, asset protection, incapacity planning, elder law and tax planning.

Read More About Richard