Affordable Guardianship Lawyer

For instance, the guardian might oversee the ward's medical decisions, including a decision to have surgery. The guardian will be responsible for ensuring the ward has groceries. A property guardian is responsible for managing the ward's property alone. In those situations, the guardian will not make decisions about the ward's personal welfare, but will make decisions about the ward's assets, including whether or not large purchases can be made and whether or how to invest money. A guardian of both a person and property, is sometimes called a plenary guardian, and can make both types of decisions.

When is a Guardian Appointed?

In most circumstances, a minor child's parents are his or her plenary guardians. If a child's parents both die, however, it will be necessary for the court to appoint a guardian. Another common situation is where guardians are appointed for elderly people with dementia and who may no longer able to make wise choices. Guardianship also can be established for people with physical, emotional, mental, or developmental disabilities, when the court determines the individual cannot make good decisions and it is necessary for the subject's own protection and welfare.

Guardianship involves removing a person's rights and assigning decision-making power to someone else. It is a last resort, and courts will look for the least intrusive measures that can adequately protect a ward.

Understanding How to Proceed in Your Guardianship Case

If you are in a situation where you feel someone you love needs to have a guardian appointed, ask your unbundled attorney if the circumstances merit that a court should consider guardianship, or what are the alternatives. If you are considering becoming a guardian for someone, be aware of the strict reporting requirements and other obligations required of guardians. Your unbundled attorney will make sure you are informed of all of your obligations before going to court, and assist you in presenting the facts that support your decision to pursue guardianship in a court of law.