Get Legal Assistance for Your Guardianship Matter
Whether due to accident, illness, or just old age, there may come a time when a loved one is no longer capable of managing their affairs and personal needs. In such difficult situations, the courts may step in and appoint a guardian to manage the care and the properties of the incapacitated person.
Duties of a Guardian
The duties a guardian assumes vary according to the needs of the situation, but they usually include any of the following:
Managing the person's finances, paying the rent, bills, etc.
Seeing to the person's daily hygienic, nutritional, and medical needs
Making medical decisions the individual is unable to make
Making housing arrangements
Making certain end of life decisions
Appointing a Guardian
The courts generally step in and appoint a guardian for one of several reasons:
The individual has no known spouse, relatives, or children
The individual didn't previously appoint someone to act as power of attorney over them and their estate
The individual's health and safety are at risk
When possible, the court will appoint a child, spouse, or close relative to serve as the guardian. If none of the above is unavailable, not willing, or not capable, the court can appoint a healthcare facility or other appropriate non-profit organization as the guardian. In some cases there may be disagreement over who should serve as guardian. Sometimes relatives disagree over who is best suited for the role. In these situations, the court can appoint an independent guardian who is bonded and approved to serve in that position.
An incapacitated person is very vulnerable. Too often we hear tragic stories of mental and physical abuse of the elderly, or of an underhanded person taking charge of their finances and emptying bank accounts. If you suspect an incapacitated individual is being abused or exploited, it is important to take action and notify the proper authorities. If you feel that a relative or loved one is not properly being cared for or being exploited, it is important you take legal action. You can contest who is appointed guardian in court. However, laws surrounding guardianship are extremely complex and different in every state. For this reason, it's vital you get assistance from a highly qualified attorney well-versed in the intricacies of estate law.
To find out more about your legal rights and options, and get answers to your guardianship questions. We can provide you with a comprehensive overview of your case and advise you on the best strategy to get the results you want. We will fight for you.