Every adult is assumed to be capable of making his or her own decisions unless a court determines otherwise. Starr Traiger tries to assure that its clients, should they lose such capacity, will never need court involvement by encouraging the execution of advance directives including powers of attorney, living trusts, health care proxies, and  HIPAA compliant releases.

Providing assistance when Court is unavoidable

In some cases, however, court intervention is unavoidable. Where a minor needs a decision maker, or where no documents were signed before incapacity, Starr Traiger assists family members and/or friends to obtain the appropriate judicial appointment. In Massachusetts, the decision maker appointed to make personal, including medical, decisions is a "guardian" whereas the decision maker appointed to deal with financial matters is a "conservator". Often guardian and conservators are referred to as fiduciaries.

Once a fiduciary is appointed, Starr Traiger serves as an ongoing advisor to the fiduciary. We prepare the required court reports, and represent the fiduciary where court approval is needed. When the conservator wants to sell property, we will petition the court for authority and represent the conservator in the sale of that property.