guardianshipAttorney Nesson represents petitioners including elderly, minors and those accused of mental illness in guardianship matters. He handles matters in juvenile probate and family court.  He has worked on simple and complex matters as an attorney and guardian ad litem.  He has worked in emergency guardianships and litigated long term guardianships including in Bristol, Plymouth and Norfolk County.  He also handles medication issues, elder law, nursing home care and alternative housings.

What will happen if I become incapacitated?

If you had a stroke or an accident that left you mentally or physically incapacitated you would need someone to manage your affairs. Sooner or later, your signature would be required to manage a bank account, pay a bill, or handle your property. If you are unable to sign your name, a court will get to decide who should handle your affairs.

Does a will protect me if I become incapacitated?

No. Many people are surprised to find out that a simple will does not keep the court from intervening into your affairs if you become incapacitated.

What is a guardian?

Typically a guardian is appointed when a court decides that you cannot make a decision, or if you have an illness such as Alzheimer's disease where you are physically or mentally incapable of managing your own affairs.

Who pays for guardianship's?

The court costs, legal bills, fees, and bonds are paid from your estate.

Why are guardianship proceedings necessary?

The court oversees the management of the estate to prevent an unwanted person from taking control of your assets and possibly misusing them. The guardian makes financial decisions for you and protects your assets. The court could name your spouse, a child, a family member, or an outside institution to control your affairs. It is ultimately the court's decision, not yours.