Services Guardianship

Guardianship

What is Guardianship? 

A guardian is a person appointed by the court to make decisions for someone else. If you have a loved one who is incapacitated to the point of not being able to make decisions on their own this can be the best way to move forward to coordinate their care. The first step will be for you to request that you are appointed as guardian for the person in your care. This will allow you to make decisions on behalf of that person including: 

• Where your loved one will live
• Who will provide needed care
• Medical treatment and medication decisions
• Choosing medical providers
• What items should be purchased including food, clothing, etc. 
• Educational programs or therapy
• Financial decisions

Once you have been appointed as a guardian you will be able to make sure your loved one is getting the care they need. After guardianship is in place, we can also help you with long-term care planning, creating a life plan, and estate planning as well. 

What is the Difference Between Guardianship and Power of Attorney?

A power of attorney is established by someone while they are still able to make decisions on their own. They can choose the person or persons who will make decisions on their behalf. It can be one person or multiple people. For example, they may give one person power of attorney for legal and financial decisions, and someone else power of attorney for medical care decisions. 

If you have not chosen a guardian, then a Judge will choose one for you.

Petitioning for the appointment of a guardian for an incapacitated individual can be a costly and difficult process. Guardianship for your loved one in need of assistance can be arranged to obtain the legal authority necessary to protect the personal and financial matters of your incapacitated family member. Specialized guardianship petitions can also serve an important legal function in the context of Estate Planning, Medicaid Planning, or the establishment of First Party Special Needs Trusts.

How to Begin the Process of Requesting Guardianship

If you need help with your request for guardianship, please schedule a brief informational call. This will help us assess your needs and give you clear expectations for your unique circumstances.