Senior Transitions has partnered with Savannah attorney John E. Suthers to provide fiduciary services as a trustee, conservator or guardian.  Mr. Suthers is the managing partner and founder of Suthers and Thompson, a Savannah law firm with a special focus on matters involving elder care. Mr. Suthers’ legal experience in business matters and matters involving long-term care of older and disabled adults makes him uniquely qualified to help manage any financial, legal, healthcare, and day-to-day needs of his clients. This area of Mr. Suthers’ law practice was created at the request of families and professionals to meet the needs for quality trustee and guardianship services.

In many cases, older adults have children who live far away or who do not have the time or resources to do all that they would like to do for their aging parents.  In some cases, after the loss of a spouse or an adult child, older adults have no family available to assist them as their needs change. Through his professional and personal experiences, Mr. Suthers has become acutely aware of the need for trustworthy professionals who are willing and able to provide thoughtful attention and conscientious oversight of finances and care to older and disabled adults.

John Suthers has achieved an AV rating by Martindale-Hubbell, the highly regarded legal publication.  Martindale-Hubbell conducted an extensive review of the community’s legal professionals and determined that Mr. Suthers’ ability as an attorney meets the highest of standards and he possesses unquestioned professional ethics.  Mr. Suthers has also been named one of the top 100 attorneys in the State of Georgia.  He is a licensed to practice law in Georgia and South Carolina.

Frequently Asked Questions Regarding Fiduciary Services and Trusts

Q.      What is a fiduciary?

A.      The word “fiduciary” comes from the Latin term meaning “trust.”  It refers to a person to whom property or power is entrusted for the benefit of another.

Q.    What is a trust?

A.    A trust is a legal relationship created by one party (referred to as the grantor) who grants or transfers assets to another party (referred to as the trustee) for the benefit of the grantor and/or third parties (referred to as the beneficiaries).

Q.    What are the purposes of establishing a trust?

A.    Trusts are created to accomplish many purposes including, but not limited to, the following:

1. Ensuring continuing, appropriate management of trust assets in case the grantor becomes incapacitated or dies.
   
2. Providing continuing income to a surviving spouse and/or children who may have special needs or who may be less able to manage their financial affairs.
   
3. Keeping matters private, since a trust is not a public document accessible via courthouse records.
   
4. Reducing the size of a taxable estate.
   
5. Charitable purposes.

Q.    What is the trustee’s duty?

A.    It is the trustee’s responsibility to manage the trust assets for the beneficiaries according to the terms of the trust agreement.  The trustee has a duty to use his best judgment to carry out the grantor’s wishes and carefully manage the trust assets for the beneficiaries.  This is what is known as the trustee’s "fiduciary duty."

Your financial or tax advisor and an attorney who practices in the area of trusts and estates law can help you establish a trust that accomplishes your goals and prevents problems or uncertainties down the road.