Guardianships are court proceedings where the court is requested to determine if a person is unable to manage their financial or health care affairs, and if not, then to appoint someone to manage their affairs for them.
Establishing Legal Guardianship
When no Power of Attorney exists or unanticipated circumstances arise, my firm is experienced in all aspects of guardianship proceedings, including:
- Representing people seeking guardianships of persons who can no longer manage their own affairs.
- Representing guardians after appointment by the court and assist them with fulfilling their legal obligations.
- Representing the alleged incapacitated person when they object to the choice of guardian or to the appointment of one at all.
Guardianship Proceedings
Guardianship may be limited only to personal affairs or health care decisions, or it may be a full guardianship in which the legal guardian oversees every aspect of the person's life including where they will live, medical care, and management of income and assets.
Any concerned person can initiate a guardianship proceeding. A doctor must certify that an adult is incompetent to manage his or her own affairs. All family members are notified, and the subject of the proceedings is appointed a guardian ad litem to ensure his or her interests are protected.
Within 60 days, a hearing is held to determine if the person is incapacitated in the eyes of the court. A trial is held if (a) the person disputes his or her own incompetence, or (b) family members dispute who should be appointed guardian. Once designated, the guardian is responsible for a financial accounting of the estate and the purchase of insurance bonds to protect the incapacitated person's assets and income. Catherine Strong, RN, BSN, JD advises guardians of their duties and reporting obligations.
Avoiding Guardianship
Guardianship proceedings can be time-consuming, expensive, and can create hard feelings among family members with differing opinions about a loved one's care. The process can be avoided by anticipating these concerns through a properly executed Power of Attorney. |