© 2012, Glenn A. Deig. All rights
reserved
Guardianships (Adults and Minors)
A guardianship may be appropriate if one is no longer able to manage
his or her own financial and/or other personal affairs. The
decision to appoint a guardian should be made only after consulting
with an elder attorney. Too often, a guardian is needlessly
appointed; in these cases, the incapacitated person's interests may not
be protected.
WHAT IS A GUARDIAN?
A
guardian, also known as a conservator, is appointed by a court to act
on behalf of an incapacitated person. Any adult (includes
non-residents), county Division of Family and Children, corporation or
private charity may serve as a guardian.
WHO IS AN INCAPACITATED PERSON?
An
incapacitated person is someone who is no longer able to manage their
own affairs. This may be due to sickness, insanity, mental
illness, alcoholism, excessive use of drugs or other incapacity.
It must be noted that, just because a person may have one or more of
these symptoms, he or she is not necessarily considered to be
incapacitated. Old age alone is never a valid reason to obtain a
guardianship.
A protected person is the one for whom the guardianship has been appointed. Care should be made that the best interests of the protected person are taken into consideration. Once a guardianship has been appointed, the protected person may lose rights, including but not limited, to: making gifts, marry, drive a car and make decisions about health care and housing arrangements.
WHO IS A PROTECTED PERSON?
A protected person is the one for whom the guardianship has been appointed. Care should be made that the best interests of the protected person are taken into consideration. Once a guardianship has been appointed, the protected person may lose rights, including but not limited, to: making gifts, marry, drive a car and make decisions about health care and housing arrangements.
WHAT IF I DON'T WANT A GUARDIAN TO BE APPOINTED?
In
the event that decide you don't want a guardianship to be granted,
you'll need to seek advice from an attorney immediately. A court
may declare that you are incapacitated; in this case, you can request
that a limited guardian be appointed. You also have the right to
object to any particular person being appointed as your guardian.
The court will consider any suggestions you may have regarding who
should be apponited as your guardian, but it will have the final say in
the end.
The court order will clearly state the duties of the guardian. In an unlimited guardianship, the guardian is responsible for the care and well-being of the incapacitated person as well as for the preservation of the estate.
The guardian can pay all the expenses (reasonable medical, professional and attorney's fees) of the guardianship proceeding out of the incapacitated person's estate. He or she can also sell, mortgage, lease or exchange the property of the incapacitated person with court approval so long as it is in the best interest of the incapacitated person.
Yes. In emergencies, a guardianship of no more than 60 days can be granted.
WHAT ARE THE GUARDIAN'S RESPONSIBILITIES?
The court order will clearly state the duties of the guardian. In an unlimited guardianship, the guardian is responsible for the care and well-being of the incapacitated person as well as for the preservation of the estate.
The guardian can pay all the expenses (reasonable medical, professional and attorney's fees) of the guardianship proceeding out of the incapacitated person's estate. He or she can also sell, mortgage, lease or exchange the property of the incapacitated person with court approval so long as it is in the best interest of the incapacitated person.
CAN I SEEK A TEMPORARY GUARDIANSHIP?
Yes. In emergencies, a guardianship of no more than 60 days can be granted.
