A guardianship occurs when the court appoints a guardian because it is determined that the individual in question is not able to care for himself / herself. Specifically, it is legally described as needed when a person “who for reasons other than advanced age or minority, has a clinically diagnosed condition that results in an inability to receive and evaluate information or make or communicate decisions…” The appointed guardian is there to protect the person only.
There are various types of guardianships that may be appropriate. For example, should the person be in a crisis situation in which a guardian is needed right away, the court can appoint a temporary guardian which would last for a period of no longer than 90 days. Additionally, the scope of power given to the guardian can either be limited or full/plenary depending upon the incapacity of the person. If the person is determined to be completely incapacitated then the guardian is given full / plenary guardianship and full decision-making abilities over any personal issues. On the other hand, if it is determined that the person is only incapacitated in a few different areas the guardian is given limited control over very specific aspects of the person’s life.
It is important to remember that this is not an easy process. Only after the appropriate documentation is received showing incapacity can one proceed with the process of obtaining guardianship over another. It is key to note that through proper planning you can take control over who you want to be your guardian should this arise. Don’t give this trusted position to just anyone, but instead take control now so that no matter what happens you are in the right hands.
We can handle either the planning before guardianship is needed or after it is needed. We treat all individuals involved respectfully and compassionately. Contact our office today so that we can help you with this need as well as others.