Guardianships

Gaurdianships: Quality of life and care for those unable to care for themselves.

If someone becomes incapacitated by an accident or illness and has a health care power of attorney in place, managing their care is relatively simple. However, if there is no health care power of attorney outlining their wishes, probate court appoints a guardian to take charge of that person’s housing, health care, and other basic life decisions. To share the burden of responsibility, the court designates financial decisions to a court-appointed conservator. The conservator and guardian work together to act on behalf of the injured person (called the Ward) as long as that person remains incapacitated.

In an ideal situation, the guardian is a caring friend or family member. If none is available, the court appoints a trained private guardian. The guardianship arrangement may be a “full guardianship,” or may have some provisions, operating as a “limited guardianship.” If someone is competent in some areas of their life, and unable to function well in others, a limited guardianship may be appropriate.

Types of guardianship arrangements.

If someone you care about is under the care of a guardianship, and you wish to be involved in certain decisions, it is sometimes possible to petition the court for a co-guardianship. Other types of guardianships include emergency guardianships, which exist for a limited period of time (for instance immediately following an accident), until the victim is able to make decisions on their own behalf again.

If you have questions about a potential guardianship arrangement, are having issues with the care given to your loved one through a guardian, or would like to become a guardian or co-guardian, please give our attorneys a call.

We can provide immediate assistance to:

• Determine the appropriateness of a guardianship, counseling family members on legal options
• Advise guardians and co-guardians on duties and legalities regarding estate administration duties
• Address issues of concern if you do not agree with the court’s selection of a guardian for your loved one
  

A guardianship is an intervention in a person’s life, and much consideration and care is needed before taking this important step. Contact us for a prompt consultation if you have any questions about a guardianship issue in your life.