If you have an elderly loved one who is no longer capable of making decisions for themselves or managing their finances, it is important that you have a plan in place to help them. This often includes establishing guardianship for their benefit. Guardianship is a legal arrangement in which the court appoints an individual, known as the “Incapacitated Person,” to care for and manage their affairs. This individual is typically a family member or friend, but can also be a third party nonprofit group or attorney. In some cases, guardianship is temporary, meant to assist the Incapacitated Person with a specific task, while in other instances it may be indefinite.
An experienced Guardianship Attorney can guide you through the process of establishing and terminating a guardianship. They will be able to explain the laws, procedures, and implications of your situation in easy to understand terms. This will allow you to make the best decision for your loved one.
Guardianship is not something that should be taken lightly, and it is not something that can be done quickly. This is why it is critical that you start planning ahead as early as possible. This can include setting up a meeting with an estate planning attorney as soon as your loved ones reach the age of majority.
If your loved one does not have a Power of Attorney or Health Care Proxy in place, the only way to establish a guardianship is by petitioning the court. This is a serious undertaking and requires the assistance of an experienced Guardianship Attorney. A Guardianship Attorney will be able to walk you through the process, ensure that all required documentation is provided, and file the necessary paperwork with the court. They will be able to represent your loved one in court if the matter must be litigated.
There are two types of Guardianships: Guardian of the Estate and Guardian of the Person. A Guardian of the Estate will have authority over the assets and property that your loved one owns, including their home, cars, investments, savings, and properties. A Guardian of the Person will have authority over all personal matters, including care, education, and welfare.
The attorneys at Davis & Associates Attorneys will be able to help you determine which type of Guardianship is appropriate for your loved one and help you through the Guardianship process. In addition, they will be able to assist you in representing the interests of a ward who has been abused or neglected, as well as protect their assets so that they can continue to receive government benefits.
When you have a consultation with a Guardianship Attorney, you should expect the attorney to ask questions regarding your relationship with your potential ward. They will want to know if you are willing to take on these responsibilities and how this will impact your life. They will also ask about your current family and work schedule.
Depending on your state’s laws, different rules and regulations will apply to your case. At your initial consultation, your Guardianship Attorney will discuss the laws and procedures in your area. They will address any specific concerns that you have, and ensure that all requirements are met to prevent delays or issues with your application.