Sometimes life takes a turn we don't anticipate. A debilitating stroke, an accident resulting in severe injuries, a money award to a minor, or any number of health, financial or life circumstance may bring about a situation requiring the administration of another person's affairs.
It only takes a few hours of your time to prepare for such unanticipated situations. For example, I can draft powers of attorney for you, your spouse, and your parents or other adult loved ones. These powers will allow for the efficient management of one's medical and financial affairs and day to day living.
The advantage of advanced preparation is that the attorney in fact, as the person named in the power of attorney is called, can make decisions and manage finances without court oversight. You, thus, save time, delay and potential headaches.
Sometimes circumstances dictate that a guardian must be appointed!
A guardianship is always the last resort, as it restricts the rights and freedoms of the individual in need of care. This is of particular significance in the case of an adult.
However, when a situation arises, and there has been no contingency pre-planning, a legal guardian must be established. This is done through the courts. Typically, a relative or other concerned person files a petition asking that the alleged incapacitated person, the person subject to the guardianship, be declared in need of a guardianship. The petitioner may also petition for his or her own appointment as guardian.
Once the guardianship is established, the guardian will have duties that will vary with the nature of the case. In a minor guardianship, the guardian may have to invest money. In an elder guardianship, the guardian may need to see to it that all of the necessities of the life and medical care are provided. The Court oversees initial plans and future annual accounts and reports.
Sometimes, in very difficult cases, another court process, called a vulnerable adult petition, is filed instead of or in addition to the guardianship. This ensures that a vulnerable adult receives necessary protection against abuse or exploitation.
I can help you with your guardianship issues by:
- Educating you about the guardianship process and responsibilities;
- Assessing the needs of the allegedly incapacitated person
- Petitioning the court for appointment of guardian; and
- Assisting with required follow-up reporting.