Guardianship
Our attorneys have a wealth of experience in handling guardianship and conservatorship related matters. We are able to help guide you through the complex process of establishing a guardianship for an elderly friend or relative, a loved one with a disability, or a minor child in need. Our attorneys will take the time to discuss the court procedures involved, as well as to help you understand the duties and responsibilities that you will have once appointed as Guardian for your loved one.
What is a Guardian?
A legal Guardian is a person who has the legal authority (and the corresponding duty) to provide care and protection for the personal and property interests of another person. An individual may be found to be in need of a Guardian when he or she is determined to be incapable of caring for or protecting his or her own interests due to incapacity or disability. Courts generally have the power to appoint a Guardian for an individual who is in need of special protection.
A Guardian may be necessary for an individual who has become incapacitated due to mental illness, deficiency, disorder, physical illness or disability to the extent that he or she lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person. A Guardian is responsible for the overall well being of a person, while a Conservator is responsible for the finances of a person. There are situations where one or both of these appointments are necessary.
It can be difficult for a family member or friend to know how to deal with a loved one’s loss of independence due to mental incapacity or mental illness. When a loved one is unable to make or communicate responsible decisions on his or her own behalf, that loved one may become vulnerable and may require assistance from family members or friends. It may be necessary to seek appointment of a legal Guardian who will become accountable for making responsible decisions on the vulnerable person’s behalf, and who can ensure that the vulnerable person’s needs are being met.
Duties of a Guardian
A legal guardian may have various duties, some of which may include:
- Making responsible decisions for and on behalf of the protected person;
- Making appropriate arrangements to see that the protected person’s personal needs (such as food, clothing and shelter) are met;
- Making decisions concerning the protected person’s medical needs, including placement in a medically oriented living arrangement such as a nursing home or health care facility;
- Making decisions concerning the protected person’s educational, social and religious activities;
- Handling small amounts of property for and on behalf of the protected person; and
- Making reasonable efforts to determine the preferences of the protected person.
Emergency Guardianship
If you are experiencing urgent circumstances our attorneys can help you establish an emergency guardianship.
Alternatives to Guardianship
Our attorneys are also able to discuss with you possible alternatives to guardianship.
We Are Here to Help
If you are in need of an attorney to establish a guardianship for a loved one, please contact us at Meyrose Blackford PLC. We will work to help you ensure that your loved one receives the personal protection and care that he or she deserves, while providing you with the peace of mind of knowing your guardianship matter is handled by an experienced guardianship attorney.