Coping with the aftermath of a loved one’s severe brain injury is an emotionally taxing and confusing time. As you grapple with the reality of their situation and focus on providing the best possible care, you may find yourself facing a host of legal questions and challenges. One of the most pressing concerns is whether you have the authority to hire a lawyer on behalf of your incapacitated family member. At Altman Nussbaum Shunnarah, we recognize the weight of this responsibility and are committed to providing the guidance you need to deal with this difficult period with confidence.
Assessing Your Loved One’s Legal Capacity
The journey begins with a frank assessment of your loved one’s legal capacity. In the Commonwealth of Massachusetts, adults are presumed to possess the mental faculties required to make sound decisions regarding their legal affairs, including entering into contracts, initiating legal proceedings, and making healthcare choices. However, the profound cognitive impact of a severe brain injury can strip an individual of this fundamental ability, rendering them legally incapacitated.
Determining whether your loved one has lost their legal capacity is a complex process that requires input from medical professionals and, in some cases, the courts. A comprehensive evaluation of their cognitive functioning, decision-making abilities, and overall mental state will paint a clearer picture of their legal standing. If it is determined that your loved one no longer possesses the capacity to make informed legal decisions, the next step is to establish a formal guardianship or conservatorship.
Establishing Guardianship or Conservatorship
When a severe brain injury robs an individual of their legal capacity, it falls upon their loved ones to step into the role of decision-maker. This is accomplished through the legal mechanisms of guardianship and conservatorship, which grant the appointed individual the authority to make personal, medical, and financial decisions on behalf of the incapacitated person.
To establish guardianship or conservatorship, you must petition the probate court in the county where your loved one resides. The court will carefully examine the evidence presented, including medical records and expert testimony, to determine whether your loved one is indeed incapacitated and if appointing a guardian or conservator is in their best interests. In some cases, a single individual may be appointed to serve as both guardian and conservator, while in others, these roles may be divided among multiple parties.
Engaging a Lawyer as a Guardian or Conservator
Once you have been formally appointed as your loved one’s guardian or conservator, you are empowered to make legal decisions on their behalf, including the critical task of hiring a lawyer to represent their interests. Given the complications and high stakes involved in cases stemming from severe brain injuries, it is essential to engage the services of an attorney who possesses a deep understanding of this unique area of law.
At Altman Nussbaum Shunnarah, our seasoned team of Needham lawyers has extensive experience handling brain injury cases. We recognize the far-reaching impact of these devastating injuries and are committed to providing compassionate, knowledgeable representation to our clients and their families. Our attorneys can assist with a wide range of legal matters, including:
- Pursuing compensation for medical expenses, lost wages, pain and suffering, and other damages related to the brain injury
- Unraveling the complexities of insurance claims and securing the benefits to which your loved one is entitled
- Developing comprehensive long-term care plans and advocating for the resources necessary to ensure your loved one receives the highest quality of care
- Safeguarding your loved one’s rights and relentlessly pursuing their best interests in all legal proceedings
The Crucial Role of Timely Action
In the wake of a severe brain injury, time is of the essence when it comes to securing legal representation. Delaying action can have serious consequences, as evidence may be lost, witness memories may fade, and statutory deadlines for filing claims may expire.
At Altman Nussbaum Shunnarah, we understand the overwhelming nature of this situation. We are here to shoulder the legal burden, allowing you to focus on your loved one’s care and recovery. We will work tirelessly to investigate the circumstances surrounding the brain injury and build a compelling case on your loved one’s behalf.
Contact Us Today
As a guardian or conservator, you have the power to hire a Needham lawyer on behalf of your incapacitated loved one, ensuring that they have a strong voice in the legal system. At Altman Nussbaum Shunnarah, we are honored to stand beside you in this fight, working tirelessly to secure the justice, compensation, and resources your loved one deserves. Together, we can forge a path toward a brighter future.
