If a close relative is unable to make sound decisions regarding their health or finances, it may be time to seek guardianship from the court. This legal option will empower you to make many of these types of decisions on their behalf, and there is usually a process in place if this needs to happen immediately. An understanding of the types of guardianship, along with an overview of the process, will help you decide the most appropriate course of action.
What Guardianship Does
While those who suffer from debilitating illnesses still retain many rights to treatment under the law, guardianship can help when they are not able to make health-related decisions. Guardianship of someone's person will usually permit the guardian to do the following:
- Make end-of-life decisions
- Make decisions regarding medical treatment
- Decide the type and level of care your relative needs
Obtaining guardianship of the estate will allow you to make financial decisions. According to the National Guardianship Association, responsibilities can include:
- Protect assets and sell them with court approval
- Pay debts on behalf of your relative
- Reporting on the status of the estate.
A lawyer can help sort through your relative's heath and financial situation and determine how the law can permit you to make the necessary decisions for your relative.
First Steps
In order to get an order of guardianship, you will need to build a case that shows the person who needs it is unable to make health and/or financial decisions. Additionally, a number of documents need to be filed in the court in order for the request to be looked over by a judge. In brief, these papers are used to aid the judge in deciding whether guardianship is needed and also to notify immediate family members. This is to make sure guardianship is in the best interest of the person who needs it.
The Initial Court Appearance
Many courts give people the option to file for guardianship themselves along with selling the required documentation. In a typical guardianship case, the court will notify you when to appear in court. This is an opportunity for you to explain why it is needed and also to file any other evidence or letters that show your relative is not able to care for himself. Complex cases often need legal expertise in order to ensure the judge has all the facts in hand before making a decision. Once the judge has approved the guardianship, it takes effect immediately after the order has been filed in court, and you will then be empowered to make decisions on behalf of your relative.
Ultimately, the goal of guardianship is to maintain the well-being of the protected person. This can be a temporary measure or one that is for an extended period. In either case, the court will regularly request updates to decide if guardianship is still needed. This may mean appearing in court yourself or sending doctors' reports for a judge to review. Consult with a lawyer (like those at Hurth Sisk & Blakemore LLP) today to see if guardianship is right for you and your loved one.
