Guardianship becomes necessary to manage financial and health care matters for people when they are no longer to manage those areas for themselves, and when there is not less restrictive alternatives in place, namely a financial and health care power of attorney, prior to becoming incapacitated. A court makes a determination, (or adjudication), of incompetence. Upon an adjudication of incompetence, the court then appoints someone to manage the health and financial decision making for the person who can no longer make those decisions for him/herself. We can assist families with the emotionally difficult process of filing for guardianship to ease the burden on both the petitioner (the person seeking guardianship of someone) and the alleged ward (the person whose competence is in question). Guardianship is a process requiring court intervention and oversight. We will help you through the process, explaining each step along the way, so that you understand how to best navigate it and reduce the stress and anxiety for all involved.
The process of guardianship is stressful enough for both the alleged ward and for the family. The costs for such a proceeding can escalate very quickly when family members cannot agree on:
- Whether Mom or Dad is, in fact, incompetent
- Who should be appointed to act as Guardian of the Estate (for financial decision-making) and Guardian of the Person (for health care decision-making)
Arguing the dispute before the court increases the cost not only in terms of real dollars, but in terms of the truer and more devastating cost, broken family ties. When we apply proven conflict management resolution techniques to guardianship matters, the results are measurable in terms of savings to all costs, both in terms of dollars and family relationships.
Creating Calm from Chaos!
Helayne Levy and team have done a remarkable job with our complicated "family" issues. Her unwavering team delivers guidance, detail, and answers from a very disjointed medical process. Helayne herself skillfully guides the process, manages all "family feedback" and implements plans that minimize the stresses of emotion, logistics, and confusion. Superb service, and everyone benefits!
Helayne Levy is an Outstanding Lawyer!!
I have wanted to write something for a while regarding Helayne Levy and her practice. I'm from the Washington DC area and had been introduced to Ms Helayne Levy through my mother; who along with my husband and I, met up with her to put together a new revised will. Ms. Levy's practice caught our eye when we saw that she was Elder Care Law and and life care planning provider. Since I have already written something regarding our initial interactions and the outstanding care and service that we received from Ms. Levy and her staff in regards to the will execution, I wanted to spend this time with the other part of her services, which provide for my mom's life care planning. My mother is now 87 and living in the Holden Beach area with my brother. Since I live in the Washington Metropolitan area with my other 3 siblings, it made it very important that we had a lawyer that we truly trusted and relied upon, and Ms. Levy has continually gone above and beyond in this role. Elder Care Law and Life Care Planning Services is so very important for our aging parents who are not in our immediate care areas. That's why I would like to give a shout out to Ms Levy and say thank you so very much.......as this is very novel idea for a small town like Shallotte, NC, which does in fact, have a large retired, aging population. When Ms. Levy initially talked with us about how her extra services could provide support to my family, we were anxious to see how this would work. When we were discussing the will and how to provide for my brother in the future, Ms Levy assured us that she would be working with us, to make this complicated transition with my mother and my brother for the future. Ms. Levy and her life care planning staff have worked with my brother (mother) over the last year, to help him position himself to live on his own. Ms. Levy has been intimately involved in helping my mother to understand her enabling tendencies, and to have a special coach/mentor to work with my brother throughout this long process. Ms. Levy regularly checks in with me, and my mother to make sure that we are still on track with what needs to be done. In addition, the mentor checks in with my brother frequently to make sure that he is staying diligent in his progress. This ongoing process has been so important, and something that is extremely difficult in today's world. Ms. Levy is committed to work through these family issues and has in fact, become an extended part of our family. Helayne Levy is the most compassionate, caring lawyer and person that we have ever met and I can't say enough to tell everyone how blessed we were that we found her!!
Excellent & Totally Professtioanl Law Firm...
My experience with Helayne Levy, Attorney and her superior staff at Elder Law & Life Care Planning Center was outstanding and awesome. The knowledge of this Law & all of it's tangents by Helayne Levy was amazing. As a lay person, never having any type of contact, understanding or legalities in this type of law. I was spoken too and explained on a level that I was able to understand. Telephone calls to The Elder Law & Life Care Planning Center were returned in a most efficient manner. I did not have to wait to get a response as I had experienced in the past with other attorneys. I would absolutely recommend Helayne Levy and her fantastic staff for all their needs in this type of matter..
How relieved we now feel.......
Being in our 70's, we knew we should have our desires, known for when the inevitable happens... Not only our death, but also if an unforeseeable accident happens, and we are unable to make decisions..... No more procrastinating....We met with Helayne, and oh my gosh, the relief we now feel..... Not only is Helayne and her staff friendly,and knowledgeable, they also put us at ease. She explained everything till we understood it. Not an easy task. She does this difficult task with ease, humor, and expertise..... I am sooo very thankful that we took the plunge, because we can now sleep at night.... No more fears or worries.... what a relief...for us and to know our family will not have to wonder what our desires are...
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- LL.M. in Elder Law
- National Academy of Elder Law Attorneys (NAELA)
- NAELA North Carolina Chapter Board Member
- North Carolina Bar Association Elder Law Section Counsel Member
- Brunswick Senior Resources Inc (BSRI)
- Committee Member for the Cape Fear Counsel of Governments Area Agency on Aging Elder Abuse Prevention Network
- North Carolina Bar Association Estate Planning, Special Needs, and Guardianship Section Member
- Wilmington Housing Authority Commissioner