Jun 162010
A common question that I receive from clients is “I was told I need to get a guardianship. What is that?”
A guardianship is a court ordered relationship in which a guardian acts on behalf of an individual who cannot, due to a medical condition or a disability, cannot take care of themselves or their property. This individual is referred to as a ward. The guardianship may be for the estate only in the circumstance where the guardian cares for the ward’s assets. The guardianship may be for the person only when the guardian has responsibility to assure the personal needs of the ward are met. A guardianship may be established for both the person and estate of the ward.
Guardianships are necessary when individuals have a medical condition which leaves them in a state where they lack the mental capacity to make decisions for themselves and/or when they cannot care for themselves. Children often have to obtain guardianships over elderly parents. It is also necessary for parents to obtain guardian status over disabled children once that child has reached the age of 18.
A guardianship proceeding begins with the filing of a Petition. A Petition must be accompanied by an affidavit from the ward’s treating physician which describes the condition the ward has and, in the doctor’s opinion, the ward cannot care for themselves or make decisions for themselves. A guardianship proceeding can generally take 4-8 weeks to complete. However, in emergency situations, there is an exception which can be decided in three days.
Obtaining a guardianship over an individual can be a lengthy and expensive process. An easy way to avoid having to get a guardian appointed is to make sure the individual has a power of attorney in place. The individual must, of course, have the mental capacity to understand and sign the power of attorney. A power of attorney lets the individual appoint someone to care for them and make decisions for them in advance.
Please don’t hesitate to contact us with any questions about guardianships, power of attorneys or any other estate matter. A special thank you to Lori Sparkman photography for providing the wonderful pictures.
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