Guardianship Attorney

Guardianship

Guardianship is being legally responsible for someone else because they are unable to take care of themselves. This can involve taking care of a child if their parents are deceased or unable to care for them or being partially or fully responsible for an adult who can no longer manage their own affairs. This will always be a very difficult decision to make. Your Guardianship Attorney should make it as easy for you as possible. 

Types of Guardianship

Guardianship of The Estate

This type of Guardianship gives the Guardian the right to make financial decisions for the Ward, the person who is incapable of caring for themselves. One would choose this type of Guardianship if it is financial affairs the adult in question can’t responsibly handle. They can still manage all of their other affairs.

Guardianship of the Person

This type of Guardianship involves managing the adult’s life in exclusion of financial affairs, such as their day-to-day care, medical arrangements, and housing. Should someone not be able to do this for themselves but they can still manage their money, they would still be able to control the latter.

Guardianship of Person and Estate

A person may often not be able to manage either of these types of affairs responsibly. In that case, the Guardian can take care of everything for them, their money, their housing, their care, and their food.

Limited Guardianship

A Guardian may only be responsible for taking care of one aspect of the Ward’s life, such as their medical care, medication, or placement in a care facility.

Co-Guardianship

Two people can be responsible for the Ward’s affairs. This is a particularly advantageous arrangement if say two children want to share responsibility for caring for their parent.

Limited Time Guardianships

Emergency and Interim Guardianships cover short periods when an emergency demands immediate action or when a Guardian has resigned or can no longer perform their duties.

Which Type of Guardianship To Choose

It is always recommended to go with the least restrictive, effective option for the Ward. Responsibility should only be given to another if it is needed. If someone only needs management over their medical care, placement in a home, or finances, it wouldn’t be right for someone to have control over their whole life.

This decision involves a careful balance between dignity, autonomy, and safety. An adult deserves to be as autonomous as they can safely be and to live with dignity.

How to Apply For Guardianship

If the potential Ward is an adult, you will need a medical professional to prove they are incompetent in the area(s) you are applying to manage.

A minor is automatically considered unable to be legally responsible for themselves unless they have been emancipated. Guardianship will automatically expire unless the then adult is proven to be incompetent. 

If you will be caring for the Ward’s finances, you will have to post a bond amounting to double the assets of the Ward, excluding real estate. Yearly reports will be made to the local Probate Court.

Learn More About Guardianship from Moseman Law Office

Don’t make this difficult move alone. The assistance of an experienced Guardianship attorney will take the confusion and hardship out of this emotional time. Call Moseman Law for a smoother path forward.