Adult guardianship helps family members protect their loved ones who require assistance in managing things like finances, medical appointments, and their day-to-day lives due to age, illness, or disability. In these situations, the role of an adult guardianship attorney is important to protect your loved one.
What is Adult Guardianship?
Adult guardianship is a legal arrangement in which a court appoints a guardian to make decisions on behalf of an incapacitated individual, known as the ward. The guardian is granted authority over various aspects of the ward’s life, such as personal care, medical decisions, financial management, and living arrangements. This is made to protect the interests and well-being of individuals who can’t make decisions for themselves due to conditions like dementia, intellectual disabilities, or severe mental illness.
The Role of an Adult Guardianship Attorney
An adult guardianship attorney helps a family prepare and put together all the things necessary to get adult guardianship for their loved ones
- Assessing the need for guardianship: The attorney will evaluate the individual’s circumstances, gather necessary medical evidence, and determine if guardianship is the most appropriate course of action.
- Preparing and filing legal documents: They will prepare and file all the required legal documents, ensuring compliance with state laws and court procedures.
- Representing clients in court: The attorney will represent the interests of the proposed ward or the petitioner during court hearings and proceedings.
- Advising on guardianship duties: Once a guardianship is established, the attorney will provide guidance on the guardian’s responsibilities, rights, and limitations.
- Monitoring and modifying guardianships: As circumstances change, the attorney can assist in modifying or terminating the guardianship as necessary.
Signs You Might Need an Adult Guardianship Attorney
There are several situations where getting an adult guardianship attorney for your loved one may be the best option:
- Cognitive impairment: If your loved one exhibits signs of dementia, Alzheimer’s disease, or other cognitive disorders that impair their decision-making abilities, guardianship may be necessary.
- Physical disabilities: Severe physical disabilities that prevent an individual from managing their personal care, finances, or living arrangements may warrant guardianship.
- Mental health issues: Individuals with severe mental illnesses, such as schizophrenia or bipolar disorder, may require a guardian to ensure their well-being.
- Financial exploitation: If you suspect that your loved one is being financially exploited or mismanaging their assets, guardianship can provide protection.
- Lack of decision-making capacity: If your loved one consistently demonstrates an inability to make rational decisions regarding their health, safety, or finances, it may be time to consider guardianship.
The Process of Establishing Guardianship
The process of establishing adult guardianship typically involves the following steps:
- Initial consultation: The attorney will meet with you and your loved one to assess the situation, gather relevant information, and determine the appropriate course of action.
- Filing the petition: The attorney will prepare and file a petition for guardianship with the appropriate court, along with supporting documentation, such as medical evaluations and financial records.
- Notification and due process: The proposed ward and interested parties must be notified of the guardianship proceedings, ensuring their rights are upheld.
- Court hearing: A court hearing will be scheduled, during which the judge will consider evidence and testimony from all parties involved, including the proposed ward, if capable.
- Appointment of a guardian: If the court deems guardianship necessary, a guardian will be appointed, and their duties and responsibilities will be outlined.
- Ongoing monitoring: The attorney will continue to monitor the guardianship, ensuring the guardian fulfills their obligations and addressing any issues or modifications as needed.
Conclusion
If you or a loved one are facing the challenges of age, illness, or disability, and need help with managing personal and financial affairs, speak to our experienced adult guardianship attorney at the Law Office of Francis O. Wey. Contact us at (248) 883-8784 today for a confidential consultation and let our attorney help you make this difficult decision easier.