Guardianship, as defined by the National Guardianship Association, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Many clients approach us with a loved one in mind, wanting to protect them from the aforementioned fraud they become vulnerable to.
If an individual becomes mentally and/or physically unable to handle their day-to-day routines, such as health, hygiene, and maintenance of person and property, guardianship becomes a viable option. With a legal guardianship established, the guardian is able to assist the individual with their routine and maintenance, as well as protect them from outside threats.
The process of guardianship starts with filing a petition with the court to determine whether or not the person under consideration is indeed incapacitated. The person under consideration may need to go through a series of tests and be examined by physicians to determine their state.
If the individual fits the need for guardianship, the process then moves to the court system where a person can apply to be the guardian. The person applying to be a guardian does not need to be related to the individual, but there are some restrictions to who can apply. These include people with previous felonies, or those who themselves are not suitable for claiming guardianship.
This final decision on a guardianship ruling is made by three court-appointed doctors who evaluate the incapacitated person. If a person is determined to be legally incapacitated, the judge appoints a guardian to make medical and financial decisions on behalf of that person.
Forms of Guardianship
Guardianship litigation and administration can take many different forms. There are plenty of situations in which you may be concerned about the guardianship and care of a loved one.
Minors and elders are the two largest groups that comprise a majority of guardianship attorney cases. Mostly, this is due to the situations that arise where the money they have could be put in jeopardy by predators disguising themselves as caring individuals.
Establishing yourself as a guardian to another is a complicated yet rewarding process. Often times, these cases require in-depth experience and knowledge of a guardianship and elder care law firm.
As experienced guardianship attorneys, we can help.
Learn More about Guardianship and how a guardianship attorney can help
We’re happy to discuss the specifics of your guardianship situation and learn more about how we can help you. Please contact us today.