Guardianship Attorney Overview

Lawyer Assistance With Cases Involving Conservatorship

When a person reaches an advanced age, their ability to care for themselves often becomes diminished. In order to ensure that their needs are met, a person may complete a variety of estate planning activities, such as creating a living trust or establishing power of attorney. However, in some cases, it may be necessary for a person to have themselves named the guardian of an elderly loved one.

If you are considering guardianship for an elderly family member, it is important to work with an experienced elder law attorney to ensure that you have met all your legal requirements. A skilled lawyer can protect your and your family member's rights and ensure that you have the legal resources you need to make the decisions that will provide for their care.

Incapacitation and Guardianship

If a person is no longer able to take care of themselves or make their own decisions, they are known as incapacitated. A person may be incapacitated in a variety of ways, including experiencing difficulty managing their finances, memory problems causing them to not take medications or eat properly, an inability to clothe themselves or care for their personal hygiene, or confinement to a bed or wheelchair.

If a family member, friend, or government agency believes that a person is incapacitated, they can file a petition to name a legal guardian for the person. A person who knows that they are unable to care for themselves may also petition to have a person appointed as their guardian. Once appointed, a guardian will have the rights to make decisions about the person's medical care, living arrangements, and financial affairs, and they will owe a duty to the person to ensure that they are cared for and their needs are met.

The laws regarding guardianship and the processes that must be followed when naming a guardian vary from state to state. In some states, guardianship is known as conservatorship, and a person will be appointed as the conservator of their family member's estate. Some states may also require investigation to determine whether a person is truly incapacitated, and a guardian's authority may be limited to only certain aspects of a person's care, such as their finances.

The process of naming a guardian can be expensive and complex, and various legal requirements must be met in order to ensure that an elderly person's rights are protected. If you are planning to become the legal guardian of a family member, working with an experienced attorney is essential. A lawyer can help you understand your rights and how the laws of your state apply to your situation, and they will guide you through the process and ensure that you have the resources you need to provide care for your loved one.