Do My Parents Need a Guardianship?

Guardianships are a method of obtaining legal custody of, or decision-making authority over another person. People use guardianships for different reasons. Military parents that are deployed may have a need for a guardianship as well. Some of the most common guardianships are minor child guardianship, adult guardianship and emergency proxy guardianship.

Establishing Legal Guardianship

When no Power of Attorney exists or unanticipated circumstances arise, my firm is experienced in all aspects of guardianship proceedings, including:

• Representing people seeking guardianships of persons who can no longer manage their own affairs.
• Representing guardians after appointment by the court and assist them with fulfilling their legal obligations.
• Representing the alleged incapacitated person when they object to the choice of guardian or to the appointment of one at all.

Guardianship Proceedings

Guardianship may be limited only to personal affairs or health care decisions, or it may be a full guardianship in which the legal guardian oversees every aspect of the person's life including where they will live, medical care, and management of income and assets.

Any concerned person can initiate a guardianship proceeding. Evidence is necessary that certifies  an adult is incompetent to manage his or her own affairs. All family members are then notified. A Court Visitor is appointed to interview and evaluate the protected person and other family members or interested persons and provide recommendations to the court.

A hearing may be held to determine if the person is incapacitated in the eyes of the court. A trial is held if (a) the person disputes his or her own incompetence, or (b) family members dispute who should be appointed guardian. Once designated, the guardian is responsible for a financial accounting of the estate and the purchase of insurance bonds to protect the incapacitated person's assets and income. Ryan W. Collier advises guardians of their duties and reporting obligations.<

Avoiding Guardianship

Guardianship proceedings can be time-consuming, expensive, and can create hard feelings among family members with differing opinions about a loved one's care. The process can be avoided by anticipating these concerns through a properly executed Power of Attorney and a Revocable Living Trust.