FAQ Elder Law / Guardianship

A will is a legal document that states how you want your assets to be distributed after you die. A trust is a legal arrangement that allows you to transfer ownership of your assets to a trustee, who manages the assets for the benefit of the beneficiaries.

A power of attorney is a legal document that gives someone else the authority to act on your behalf. There are two main types of powers of attorney: financial and medical. A financial power of attorney gives the agent the authority to manage your finances, such as paying your bills and making investment decisions. A medical power of attorney gives the agent the authority to make medical decisions on your behalf if you become incapacitated.

The best time to start planning for your future is as early as possible. However, it is never too late to start. If you are an older adult, it is important to start thinking about your estate planning, long-term care needs, and government benefits.

Long-term care planning is the process of planning for the financial and logistical aspects of long-term care. Long-term care is any type of assistance with activities of daily living (ADLs), such as bathing, dressing, and eating. Long-term care can be provided in a variety of settings, including nursing homes, assisted living facilities, and homes.

Guardianship is a legal process that appoints a person to make decisions on behalf of another person who is unable to do so for themselves. The person who is appointed as guardian is responsible for the well-being of the protected person, which may include making decisions about their healthcare, education, and finances.

Guardianship can be necessary for a variety of reasons, including:

Minors: Children under the age of 18 are considered to be minors and are not legally able to make their own decisions. Parents are the natural guardians of their children, but they may need to appoint a guardian if they are unable to care for their children for any reason.

Incapacitated adults: An adult may be incapacitated due to a mental or physical disability that prevents them from making decisions for themselves. In this case, the court may appoint a guardian to make decisions on the adult’s behalf.

Elderly adults: As people age, they may become less able to make decisions for themselves. If an elderly adult is unable to manage their own affairs, the court may appoint a guardian to help them.

To become a guardian, a person must file a petition with the court. The court will hold a hearing to determine whether guardianship is necessary and, if so, who should be appointed as guardian. The court will consider a number of factors, including the relationship between the protected person and the proposed guardian, the proposed guardian’s qualifications, and the best interests of the protected person.

If the court appoints a guardian, the guardian will be required to file regular reports with the court about the protected person’s well-being. The guardian will also need to obtain the court’s approval for certain decisions, such as selling the protected person’s property or placing them in a nursing home. Guardianship can be a challenging but important responsibility. Guardians play a vital role in the lives of the people they protect. If you are considering becoming a guardian, it is important to understand the rights and responsibilities involved. You should also consult with an attorney to discuss your specific situation.

If you are considering becoming a guardian, it is important to weigh the benefits and risks carefully. Guardianship can be a rewarding experience, but it is also a significant responsibility.

A guardian is a person who is legally appointed to make decisions on behalf of another person who is unable to do so for themselves. Guardians can be appointed for both children and adults.

Children

Children under the age of 18 are considered to be minors and are not legally able to make their own decisions. Parents are the natural guardians of their children, but they may need to appoint a guardian if they are unable to care for their children for any reason. This could be due to death, illness, disability, or abandonment.

Some common reasons why a child may need a guardian include:

• The child’s parents are deceased.
• The child’s parents are unable to care for the child due to illness or disability.
• The child’s parents have abandoned the child.
• The child is in foster care, and the state has determined that a guardian is needed to make decisions on the child’s behalf.

Adults

Adults may need a guardian if they are incapacitated, meaning that they are unable to make decisions for themselves due to a mental or physical disability. This could be due to a developmental disability, such as autism or Down syndrome, or it could be due to an acquired disability, such as a stroke or brain injury.

Some common reasons why an adult may need a guardian include:

• The adult has a developmental disability, such as autism or Down syndrome.
• The adult has acquired a disability, such as a stroke or brain injury.
• The adult has a mental illness, such as schizophrenia or bipolar disorder.
• The adult is elderly and has become unable to manage their own affairs.

Who can be a guardian?

Any competent adult can be a guardian. However, the court will consider a number of factors when appointing a guardian, including the relationship between the guardian and the protected person, the guardian’s qualifications, and the best interests of the protected person.

Some common choices for guardians include:

• Grandparents
• Aunts or uncles
• Other close relatives
• Friends
• Professional guardians

How to become a guardian

To become a guardian, a person must file a petition with the court. The court will hold a hearing to determine whether guardianship is necessary and, if so, who should be appointed as guardian. The court will consider a number of factors, including the relationship between the protected person and the proposed guardian, the proposed guardian’s qualifications, and the best interests of the protected person. If the court appoints a guardian, the guardian will be required to file regular reports with the court about the protected person’s well-being. The guardian will also need to obtain the court’s approval for certain decisions, such as selling the protected person’s property or placing them in a nursing home. Guardianship is a serious legal responsibility. Guardians play a vital role in the lives of the people they protect. If you are considering becoming a guardian, it is important to understand the rights and responsibilities involved. You should also consult with an attorney to discuss your specific situation.

There are two main types of guardianship: guardianship of the person and guardianship of the estate.

Guardianship of the person. Guardianship of the person gives the guardian the authority to make decisions about the protected person’s personal care, such as where they will live, what medical care they will receive, and what educational opportunities they will have. The guardian may also be responsible for making decisions about the protected person’s religious upbringing and social activities.

Guardianship of the estate. Guardianship of the estate gives the guardian the authority to manage the protected person’s finances. This may include paying bills, investing money, and selling property. The guardian is also responsible for keeping track of the protected person’s assets and filing income tax returns on their behalf.

In some cases, a person may need both a guardian of the person and a guardian of the estate. In other cases, a person may only need one type of guardian.

Other types of guardianship

In addition to guardianship of the person and guardianship of the estate, there are a number of other types of guardianship that may be appropriate in certain situations. These include:

• Temporary guardianship: Temporary guardianship is a short-term guardianship that is typically granted when the protected person’s needs cannot be met by other means, such as by family members or friends. Temporary guardianship is usually granted for a period of no more than one year.
• Emergency guardianship: Emergency guardianship is a type of guardianship that is granted in emergency situations, such as when the protected person is in danger of harm. Emergency guardianship is typically granted for a very short period of time, such as a few days or weeks.
• Limited guardianship: Limited guardianship is a type of guardianship that is granted when the protected person only needs assistance with certain areas of their life, such as managing their finances or making medical decisions. Limited guardianship is typically granted for a longer period of time than temporary or emergency guardianship.

How to choose the right type of guardianship

The type of guardianship that is best for a particular person will depend on their individual needs and circumstances. It is important to discuss the different types of guardianship with an attorney to determine which type of guardianship is right for you or your loved one.

Guardianship can be a complex and daunting process, but it is important for families to understand their options and to make the best decision for their loved one. If you have any questions about guardianship, please consult with an experienced attorney.

Guardians can be appointed for both children and adults.

Who can be a guardian for a child?

Any competent adult can be a guardian for a child. However, the court will consider a number of factors when appointing a guardian, including the relationship between the guardian and the child, the guardian’s qualifications, and the best interests of the child.

Some common choices for guardians for children include:

• Grandparents
• Aunts or uncles
• Other close relatives
• Friends
• Professional guardians

Who can be a guardian for an adult?

Any competent adult can also be a guardian for an adult. However, the court will again consider a number of factors when appointing a guardian, including the relationship between the guardian and the protected adult, the guardian’s qualifications, and the best interests of the protected adult.

Some common choices for guardians for adults include:

• Spouses or partners
• Adult children
• Other close relatives
• Friends
• Professional guardians

What are the qualifications for being a guardian?

There are no specific qualifications required to be a guardian. However, the court will consider several factors when appointing a guardian, including the guardian’s:

• Age and health
• Mental and emotional stability
• Financial stability
• Criminal record
• Relationship with the protected person
• Ability to meet the needs of the protected person
• What are the responsibilities of a guardian?

Guardians have several responsibilities, including:

• Making decisions about the protected person’s personal care, such as where they will live, what medical care they will receive, and what educational opportunities they will have
• Managing the protected person’s finances
• Protecting the protected person’s assets
• Filing income tax returns on behalf of the protected person
• Keeping the court informed about the protected person’s well-being

Guardianship is a serious legal responsibility. Guardians play a vital role in the lives of the people they protect. If you are considering becoming a guardian, it is important to understand the rights and responsibilities involved. You should also consult with an attorney to discuss your specific situation.

A guardian is a person who is legally appointed to make decisions on behalf of another person who is unable to do so for themselves. Guardians can be appointed for both children and adults.

Rights

Guardians have a number of rights, including:

• The right to make decisions about the protected person’s personal care, such as where they will live, what medical care they will receive, and what educational opportunities they will have.
• The right to manage the protected person’s finances.
• The right to protect the protected person’s assets.
• The right to file income tax returns on behalf of the protected person.
• The right to keep the court informed about the protected person’s well-being.

Responsibilities

Guardians have a number of responsibilities, including:

• Acting in the best interests of the protected person at all times.
• Making decisions that are in line with the protected person’s wishes, if known.
• Managing the protected person’s finances responsibly.
• Protecting the protected person’s assets.
• Keeping the court informed about the protected person’s well-being.

Examples of Guardianship Rights and Responsibilities

Here are some specific examples of guardianship rights and responsibilities:

Right to make decisions about medical care: A guardian has the right to make decisions about the protected person’s medical care, even if the protected person objects. However, the guardian must act in the best interests of the protected person and consider the protected person’s wishes, if known.

Right to manage finances: A guardian has the right to manage the protected person’s finances. This includes paying bills, investing money, and selling property. The guardian must keep a record of all financial transactions and must account for the protected person’s money to the court.

Right to protect assets: A guardian has the right to protect the protected person’s assets. This includes taking steps to prevent the protected person from being taken advantage of financially.

Right to file income tax returns: A guardian is responsible for filing income tax returns on behalf of the protected person. The guardian must also pay any taxes that are owed by the protected person.

Right to keep the court informed: A guardian must keep the court informed about the protected person’s well-being. This includes filing regular reports with the court and attending any court hearings that are scheduled.

Guardians have a number of rights and responsibilities, and they must act in the best interests of the protected person at all times. If you are considering becoming a guardian, be sure to do your research and to understand the rights and responsibilities involved.