When Guardianship Is Necessary: Reasons To Apply For Guardianship Of A Loved One In Your Life
When you have an adult child, parent, or even a friend that is not able to make sound decisions, it may be time to apply for a guardianship on their behalf. Depending on the nature of their disabilities, a guardianship can be temporary, or it can extend throughout their lifetime. A legal guardianship is designed to protect the person, to help them make decisions, to ensure their needs are being met, and to protect them from the financial exploitation of other people. If you believe an adult in your life needs to be under a legal guardianship, it's important to talk with a lawyer about your concerns.
Your Disabled Child is About to Turn 18
If you have been caring for a disabled child and they are about to turn 18, it's time to file for a legal guardianship. Once your child turns 18, no matter how disabled they are, they are considered a responsible adult. To avoid any disruptions in their care, and to have full legal power to make decisions for your disabled child, you will need to apply for a legal guardianship. This is done through the probate court system, and you may need the help of an attorney to walk you through the process.
If A Parent Has Become Incapacitated
Hopefully you and your parents have a close enough relationship where you have discussed the potential for a health care proxy and durable power of attorney in their future. When your parent is proactive around creating these documents, it will be clear what their wishes are should they become incapacitated. Health care proxy paperwork assigns an individual to make health care decisions if the person who created the health care proxy is unable to make decisions on their own. A durable power of attorney gives more power to the individual assigned, and a durable power attorney can make both medical and financial decisions, liquidate assets, pay bills and more for the individual. If your parent is unable to make sound decisions and doesn't have these documents in place, it's time to file for a legal guardianship.
If you have a sibling that is unable to handle their own affairs, a grandparent you are concerned about, or even a close friend you believe needs help, a legal guardianship proceeding can be started by you by calling an attorney to discuss their needs. Whether you become the legal guardian, or one is appointed by the court system, a legal guardianship will ensure that the needs of the individual are being met and that they aren't being taken advantage of.
Contact local professionals, such as those from Burford Law Firm LLC, for further assitance.