Full Answer
Elderly guardianships are complex and have important consequences. If you're considering guardianship for yourself or for a loved one, or if you're thinking about serving as a guardian, you should consult with an attorney who specializes in elder law. Meeting with a lawyer can help you understand your options and how to best protect your rights.
A family law attorney will be part of the guardianship process, in order to ensure all legal requirements are met. Before meeting with an attorney, it is important to be prepared as the attorney will need accurate and detailed information. You should plan on bringing: The ward’s birth certificate;
Any person over the age of 18 may be a guardian. Many times, parents will ask the court to appoint one or both of them * as guardians but even in this case, the choice of a successor guardian remains.
Preparing for a guardianship ahead of time in the event that you become incapacitated or disabled will guarantee that the persons you select, outside of some extenuating, disqualifying circumstance, will be there to take care of you in the event of some tragic accident or illness. Find a local family law attorney today.
One of the best resources a guardian can utilize is the website of the Michigan Guardianship Association. The MGA site has a variety of useful links and other resources to assist a guardian with locating service providers and other items of interest to individuals with the responsibility over another adult.
After the petition for guardianship is filed with a notice of hearing scheduling the matter for an open-court hearing (a minimum of 14-days from the day the petition is filed), the court will appoint a Guardian Ad Litem (GAL) who acts as the "eyes-and-ears" of the court.
If you want to be the guardian over an adult, there are many forms you must fill out to open a case. The forms tell the judge about you, anyone who wants to be a co-guardian with you, the person you want to be the guardian over, and why the guardianship is needed. Read on for more information about the forms you must complete and how to open a case.
After filing and serving the guardianship papers, the proposed guardians and the adult over whom the guardianship is requested must appear at a hearing in front of a judge. The judge will then decide whether to grant the guardianship.
When you file to be a guardian, you have to “serve” a copy of the Petition and the Citation on the adult, many of the adult's relatives, and possibly some other agencies. The court does not serve these documents for you; you have to make sure they are properly served.
Like my colleagues, I'd encourage you to visit with an attorney near you and your brother immediately. Once created, guardianships can work efficiently and effectively. Getting them set up can involve some work, however.
Most courts will require you to retain the services of an attorney in order to apply to be appointed your brother's guardian. The sooner you hire an attorney, the sooner the process can begin. One question I do have for you is whether you need to take out a guardianship in the first place.
When it comes to guardianship, you will need to file an application to become your brother's guardian. There will be certain forms a physician must fill out and the court will appoint an attorney to represent your brother's interests.
Depending on the state you live in, possible alternatives to guardianship include: Living Trust - The elderly person can designate someone to handle financial affairs.
Generally speaking, the following people or entities can petition a court to designate a guardian: The elderly person. A spouse or domestic partner of the elderly person. A relative of the elderly person. A friend of the elderly person. A state or local government agency.
Standby Guardianship - In some states, the elderly person may designate someone as a standby guardian, in case the person loses the ability to care for himself or herself. Note that all of these alternatives involve the elderly person willingly assigning his or her rights to another person.
The purpose and hoped-for benefit of elderly guardianship is that an elderly person who is no longer capable of caring for himself or herself receives proper care. However, there are several drawbacks that may come with guardianship.
Elderly guardianship, also known as elderly conservatorship, is a legal relationship created when a court appoints an individual to care for an elderly person who is no longer able to care for himself or herself. The appointed guardian has certain duties and responsibilities to the elderly person.
A court hearing in which the judge reviews the petition, listens to statements, determines whether the elderly person lacks the ability to care for himself or herself, and decides whether to grant the guardianship petition.
Living Trust - The elderly person can designate someone to handle financial affairs. Get a DIY living trust for a small fee. Representative Payeeship - If the elderly person's income is from government benefits, he or she may designate someone to manage this income.
In some states, guardianship gives a person control over where the ward (the incapacitated individual) lives, what health care they receive and how their day-to-day needs are met. Conservatorship, on the other hand, gives a person the ability to handle a ward’s financial decisions, such as paying bills, managing investments and budgeting. Sometimes these terms may be used interchangeably.
If the ward is ruled incompetent and the petitioner is a suitable candidate to serve as a guardian, then the court transfers the responsibility for managing finances, living arrangements, medical decisions or any combination of these tasks to the petitioner. This process often takes a good deal of time and money.
Guardians have a fiduciary duty to act in the best interests of the person they are appointed to serve. Sadly, it strips the ward of many rights, but it might be the only way to gain the legal authority to make crucial decisions on their behalf.
Even if an individual has named a power of attorney (POA), guardianship may still be necessary if their POA is not durable, meaning it ends ...
In rare cases, emergency guardianship may be granted right away if an elder’s health and/or finances are in jeopardy. However, guardianship is a very serious intervention and should only be considered a last resort.
All court-appointed guardians are entitled to reasonable compensation for their services. When a so-called family guardian (a spouse, family member or friend) is appointed, they typically do not charge the ward for their services.
Courts are tasked with establishing guardianships, and they typically appoint guardians in instances of incapacity or disability. Suppose, for example, that a person is put into a coma from a car accident.
State qualifications differ, but in general, to be qualified, a guardian must be a legal adult (18 years of age) and cannot have a felony or gross misdemeanor record implicating dishonesty (forgery, bribery, etc.).
Guardianship of Incapacitated or Disabled Persons. A guardianship is a crucial legal tool that allows one person or entity to make decisions for another (the ward ). Courts are tasked with establishing guardianships, and they typically appoint guardians in instances of incapacity or disability.
A guardianship for physically or mentally disabled or incapacitated persons have, in recent decades, been understood to facilitate the independence and self-reliance of the ward. Guardianships are limited as much as is reasonable in order to allow wards to exercise as much control over their lives as possible while maintaining as much dignity ...