What is Guardianship in Estate Planning?
Guardianship is a legal process where a court appoints an individual, known as a guardian, to make personal, medical, and welfare decisions for someone who is no longer able to make decisions for themselves. This person is referred to as an incapacitated person or ward. Guardianship becomes necessary when the individual’s medical condition, such as Alzheimer’s disease or dementia, causes them to lose the ability to manage their health, safety, and daily activities independently.
When is Guardianship Appropriate?
Guardianship is typically appropriate when a person is suffering from a medical condition that renders them incapable of making sound decisions for themselves. Common conditions include Alzheimer's, dementia, or other cognitive impairments. These individuals may struggle to manage daily tasks and finances, and even remember their family members. Without a Health Care Proxy or Power of Attorney in place, guardianship is often the only option to ensure that someone can make important decisions on their behalf.
What Responsibilities Does a Guardian Have?
A guardian is responsible for making decisions that are in the best interest of the incapacitated person. These decisions include medical choices, where the individual will live, and what daily activities they will participate in. The guardian must always take into account the preferences of the incapacitated person and ensure that their needs and wants are respected to the fullest extent possible. Additionally, guardians are required to report to the court annually regarding the status and well-being of the ward, ensuring that the court can monitor the guardian’s actions.
How Does the Court Determine if Someone Needs a Guardian?
To determine if a person requires guardianship, the court will review medical evidence and testimony regarding the individual's capacity to make decisions. A person is considered incapacitated if they cannot receive or evaluate information properly due to a clinically diagnosed condition and, as a result, cannot meet the essential requirements for their physical health, safety, or self-care, even with technological assistance. Once the court finds that the person is incapacitated, they will appoint a guardian to make decisions on their behalf.
Can a Guardian Make All Decisions for the Incapacitated Person?
A guardian may have the authority to make a wide range of decisions for the incapacitated person, but some rights may remain with the individual depending on their capacity to manage certain aspects of their life. In most cases, the court will outline the specific decisions a guardian can and cannot make, which could include healthcare, living arrangements, and day-to-day welfare decisions. However, a guardian must act in the incapacitated person’s best interests at all times and report their actions to the court.
Why is it Important to Hire an Experienced Attorney for Guardianship?
Filing for guardianship can be a complicated and emotionally challenging process. It requires significant medical evidence and legal documentation to demonstrate that guardianship is necessary. Many people attempt to file for guardianship on their own, only to have their petitions denied by the court due to insufficient documentation or failure to follow legal procedures. By working with an experienced attorney, you can ensure that the process is handled correctly the first time, saving time, money, and stress.
If you're considering guardianship for a loved one who can no longer make decisions for themselves, it's important to have an experienced attorney guide you through the process. Contact us at 978-494-5036 to schedule a Strategic Planning Session. We'll help you understand your options and ensure your loved one’s needs are fully protected.
