Are you considering guardianship for an adult child, parent, or other loved one? If so, our guardianship lawyer understands the emotional heartache that goes along with the decision to seek guardianship. We will help you understand and navigate the necessary proceedings to start the process.
When you have a guardian appointed for your loved one, you can help prevent injury, victimization by those who prey on the elderly and disabled, and allow you the ability to assist in the day-to-day care of your loved one.
WHAT IS GUARDIANSHIP?
Guardianship is a legal relationship whereby a person (the guardian) is ordered with the power to make personal and/or financial decisions for another (the ward).
There are many factors that are considered when determining if a guardianship is right for you and your loved one, and we can help.
Generally, the person seeking guardianship will need to obtain a medical examination of the loved one, completed by a licensed physician, that establishes:
- That there is a condition of the ward, such as a specific mental or physical impairment; that
- Has affected the ward’s capacity to make or communicate important decisions as to his/her personal or financial affairs.
If the Clerk of Superior Court determines that the ward is unable to care for his/her personal safety, welfare, and/or finances, the Clerk then appoints a guardian.
GUARDIAN OF THE PERSON
A guardian of the person can make personal decisions for the individual (medical, residential, etc.). Unless limited by the Court, the guardian of the person has the same rights, powers and duties over the ward as parents have over their minor children.
GUARDIAN OF THE ESTATE
A guardian of the estate has the power to make financial decisions for the ward. If the same person is appointed to act as guardian of both the estate and the person, then that person would be a general guardian.
Contact us today for your consultation!
Each client relationship begins with a $75.00 consultation. We will strive to understand your legal needs, walk you through the process and fees, and answer your questions. Contact us to schedule an appointment.