What is a guardianship?
A guardianship is usually defined as a protective legal proceeding for someone who is incapacitated and unable to manage his/her own affairs. Incapacitated means that the elder is no longer able to receive and evaluate information and communicate decisions. This usually applies to the ability to make financial decisions or care-related decisions.
When is a guardianship necessary?
A guardianship is necessary when the person is incapacitated and no one else has access to the finances, or if the elderly person refuses to receive appropriate care. Being vulnerable to exploitation can be another reason a guardianship for an elder may be warranted. These situations accompanied by a lack of legal documents governing such situations mean that a guardianship is necessary. Guardianships can be long and complex, but they can also be avoided.
How to avoid a guardianship?
There are several actions that can be taken to avoid the need for a guardianship. A visit to an elder law attorney can be an excellent way to set in motion a plan for if or when you or an elderly loved one becomes incapacitated.
A guardianship can be costly, long, and difficult. This can mean that an incapacitated person is unable to receive the help they require. In fact, this process may even mean that the elderly person is in position of danger or vulnerability until the guardianship can be obtained. An elder law attorney can walk you through all of the necessary legal provisions, provide explanation, and prepare the paperwork to avoid a guardianship. Consulting and planning with an elder law attorney will help to ensure that all options are explored and the best possible solution is utilized to make the task easier. Elder law attorneys will help take the guesswork out of planning for future care.
If you have any questions about something you have read or would like additional information, please feel free to contact us at 919-825-3112.