A Guardianship is a court process where a judge determines that an individual is not competent to handle his personal and business affairs. The appointment of a guardian strips a person of most, if not all, of his constitutional rights, including the right to determine where he lives and who can visit with him. Taking advantage of estate planning tools such as advance directives and financial power of attorney can help you avoid the guardianship process.
However, if a loved one suffers from an injury or illness that makes him or her unable to care for themselves and they did not have their estate in order, you may have to petition the court to appoint a guardian to represent their interests. If you are concerned that you may need to petition the court to appoint a guardian to represent a loved one’s interests, the attorneys at Fawcett & Fawcett can help you to petition the court to appoint someone you trust.
A guardian assumes legal responsibility for an individual’s personal and business affairs. Once the court appoints a guardian, others must consult the guardian regarding decisions about where the person should live, medical treatment for the person and even who may visit the person.
If a family member or loved one is suffering from physical or mental problems and is incapable of caring for his basic needs, then you may have to petition the court to appoint a guardian to represent him.
To become the legal guardian of a loved one who is unable to make decisions on his or her behalf, you must file a petition with the court. This process is complicated and time consuming, so it is important to consult a Washington DC and Maryland estate planning lawyer for help.
If a loved one is no longer able to make important decisions concerning his or her welfare and needs a court appointed guardian contact us here at Fawcett & Fawcett Law. Even if a loved one is lacking advance directives, it is not too late to help.
It is possible to avoid the necessity of a guardianship through estate planning. A good estate plan will include a medical power of attorney which will enable a trusted individual to make health care decisions for you in the event of incapacity, and a general durable power of attorney to permit a trusted individual to manage your personal affairs. To a considerable extent, those documents can specify how you wish to live, and how you wish to be treated, in the event of disability – whereas a court or guardian may make decisions with which you would disagree.
In most cases, when these documents have been executed in accord with the laws of your state, it will not be necessary for your loved ones to seek the appointment of a guardian or conservator should something happen to you – something that can be cumbersome and emotionally taxing at an already difficult time.