When it comes to the care and well-being of your loved ones, nothing is more important than ensuring they are protected and their needs are met. For those who are unable to make decisions for themselves due to age, illness, or disability, appointing a guardian can be a vital step in providing the necessary support and protection. At Charles…
Your family’s legal preference should definitely be for a power of attorney as opposed to guardianship. A power of attorney is a less drastic remedy that can go into operation without the involvement of the court. When you have a power of attorney, the attorney, in fact, has the ability to make certain decisions that stem from the authority…
An adult guardianship is a drastic measure that the court uses when a person is no longer able to care for themselves and there are no powers of attorney in place. Circumstances may change to the point where the ward no longer needs guardianship. They may regain competency to make their own decisions once again. You may be able…
To think of power of attorney in comparison to guardianship – you would usually execute a power of attorney because you want to avoid guardianship. Both involve decision-making on behalf of another, but power of attorney is a process that you can control now, while guardianship is the court taking over and deciding who will make the decisions for…
When someone has become incapacitated and there are no powers of attorney in place, the court can appoint a guardian. There are two reasons why you can contest a guardianship: The person for whom the guardianship is ordered (the ward) is not actually incapacitated The person proposed as a guardian is not competent to perform the role Accordingly, you…
Both guardianship and power of attorney enable someone else to make decisions for you when necessary. However, power of attorney is far easier and less costly for you to put in place. You should review your situation now to have powers of attorney executed for when you need it. A guardian is someone who is appointed by the court…
There are several reasons why families may seek to challenge the assignment of a guardian by the probate court. The court may seek to assign a guardian if the person is incapacitated or unable to make their own decisions. Families may oppose this because: They may not believe that their loved one is incapacitated to the point where they…
Disabled adults need people to manage their personal and financial affairs when they lack the capacity to do so. The court will appoint a guardian in a special proceeding. The court has the discretion to appoint who it wants, but it will usually consider certain factors before making the decision. Guardianship is a decision that the court weighs heavily…
In a guardianship case, the court has the power to do what the judge thinks is right because the court appoints the guardian as its agent to make decisions for the person who cannot care for themselves. However, that does not mean that the family has no say in the matter. The family can convince the court that there…
When an injury, illness, or disability prevents an adult from caring for themselves and making decisions, the court should appoint a guardian. There are two types of guardianships: Guardian of the person – Oversees living arrangements, personal care, healthcare, and more Guardian of the estate – Manages financial and legal decisions and affairs If you are seeking guardianship or…
