As older adults continue to age they may lose the ability to make clear and informed decisions about their own health and wellbeing. While there are many reasons that this may happen, if there is not a durable power of attorney it may be necessary to take guardianship to maintain their quality of life.
What Is Guardianship for Elderly Individuals
Guardianship becomes an option when the older adult has not appointed durable power of attorneys. Guardianship is especially common in families that did not make the necessary legal preparations before the adult became incapacitated.
Depending on which state you are in, the terms can vary slightly. A guardian has control over where the incapacitated individual lives. Many aspects of their day-to-day life are in control of the guardian. Conservatorship is related to finances. The estate and all of its assets are under the control of the conservator.
Petitioning for guardianship can be a long and expensive process. The ward must be officially declared incompetent by the court and the petitioner must be qualified and suitable to serve as a guardian.
What is a Court-Appointed Guardian
Sometimes there is no family or friends to take on the role of guardian. In that case the court may appoint someone it deems as worthy of the job. The ward is stripped of many rights but it often works best that way so that the best decisions are made for the ward.
Who Can Be a Legal Guardian
The court decides at the hearing if the petitioner is suited for the role of guardian.
If there are multiple people competing for the role then the court will decide who is best fit for the role by taking into account their occupation, experience, criminal record, and many other things.
Often preference is given to the ward’s spouse, adult children, or other family members. The idea is that a family is more likely to have a good grasp of what is needed for the ward.
When Is a Guardian Appointed
Guardianship is appointed whenever a petition is made and the court has decided that the potential ward is legally incompetent. There is an opportunity for allegedly incapacitated people to have a right to an attorney and object to the guardianship.
What Does a Guardian Do
While individual assignments may vary based on what the court decides, the guardian will act in the interest of the ward and communicate with the ward whenever possible to attend to their needs. In many cases, with the approval of the court, the guardian may receive compensation for their work. Often, however, if the guardian is a spouse or is a family member they will not take compensation
Want to know your best options
with zero hassle and zero risk?
Contact us today for a no-risk consultation, and we’ll answer all your burning questions. It’s quick and easy.
Call and Schedule a Consultation Today
(479) 434-3531
Jamison Bonds, VA Accredited Attorney
One of the many benefits of being an elder law attorney is getting to work with selfless clients who act not out of their own self interest, but out of a deep concern for the people they love. That’s why I love helping families enjoy peace of mind and protect their hard-earned assets.
Experience The Peace of Mind You & Your Loved-One Deserves
Over the course of nearly a decade, we’ve helped more than 1,200 of your neighbors with their estate planning and elder law needs. Now we can help you achieve the best possible outcomes for your family.