What is Guardianship?
Guardianship is a legal process in which a person becomes the legal guardian of another person to act in their best interest when they cannot make decisions for themselves. In other words, when an elder loses the ability to think clearly, it also affects their ability to make informed and meaningful decisions. This may occur due to Alzheimer’s disease, stroke, brain injury, or other mental or health illnesses.
Who Can Be Appointed As a Guardian?
The Court decides who is the best suited to serve as Guardian. The person chosen can be appointed to handle certain health, safety, and management decisions. There are cases where multiple guardians are appointed to serve as a guardian in different areas.
What Responsibilities Does a Guardian Have?
Once a guardian is appointed, they are responsible for making important choices with the individual’s best interests in mind. They are expected to manage the person’s affairs in an honest manner. Most importantly, they want to keep the individual safe and healthy. Guardians are expected to report to the Court at least once a year. Other responsibilities for a guardian may include:
- Monitoring their residence;
- Providing consent for medical treatment;
- Deciding how finances are handled;
- Paying bills;
- Releasing confidential information;
- Keeping records of all expenditures;
- Making end-of-life care decisions;
- Managing real estate or other personal property
Guardians During COVID-19:
It is essential for guardians to keep contact with the person they are responsible for, especially during the pandemic. While it is difficult to keep contact due to social distancing protocols, here are some ways to stay connected:
- Outdoor or window visits
- Remote technology
- Keep constant contact with social workers, nurses, and other care providers who are with the individual
Benefits of Hiring an Attorney to Assist With Guardianship:
- To help you prepare the initial petition
- To inform you about guardianship laws as it may get complicated
- To provide guidance regarding Fiduciary obligations
- To assist you throughout the entire guardianship process
We are dedicated to easing the guardianship process for our clients at Hynes Law Group. We can help you navigate through the complex court procedures. Contact us to set up a free consultation to discuss your situation with us!
You can contact us at 908-514-8008, info@hyneselderlaw.com, or fill out our contact form on www.hyneselderlaw.com!