What is a Guardianship and When it is Needed?
A Guardianship is a legal process used when a person can no longer make or communicate responsible or safe decisions about his or her personal care and/or property, or if the person has become susceptible to exploitation, fraud or undue influence.l Although the law respects an individual's right to make bad decisions, a Court is equally aware that a person may lack the capacity to weigh the consequences of his or her actions.
A guardianship is sought when a person lacks the capacity to make sound decisions regarding finances or personal care. If the person has not executed a Durable Power of Attorney appointing an agent to make financial or personal decisions for him or her in the event that he or she cecomes incapacitated, an adult guardianship may be the best legal tool for you to help protect him or her. Often a family member will be the guardian. At other times a trusted friend will be selected.
The Court must decide if someone is "incapacitated" meaning that he or she no longer is capable of making sound decisions regarding finances and/or medical care. If the Court decides that a legal guardian should be appointed, the COurt will select the person it believes would be most appropriate. THe Judge could decide that the incapacitated person only needs a guardian of the person or a guardian of his or her property. A guardian of the person means that the guardian will make diecisions about the incapacitated person's housing and medical care. A guardian of ther property allows the guardian to manage the incapacitated person's finances.
We pride ourselves on using our legal skill and compassion to deliver the following services:
- Helping family members decide whether appointment of a guardian is necessary
- Preparing documents to petition the COurt
- Communicating with physicians and mental health care professionals
- Assistance with post-appointment issues, including preparing annual accounts, acquiring a bond and guardian reports for the Court