Sometimes a person is unable to make decisions.
- Perhaps they have dementia and cannot process complex decisions.
- Perhaps they are in a coma and cannot talk.
- Perhaps they have a mental illness or disability and are not considered legally capable of understanding the consequences of a decision.
In such cases, if there is no one in the family who is willing, and appropriately able to make decisions for them, the Court will appoint a guardian.
Some people set up a guardianship arrangement ahead of time.
They may not have any family members left and do not have friends they would want to give this responsibility to. Or they may have family members, but don’t feel confident in their relatives’ ability to make wise or selfless decisions. As a result, they chose to work with a guardian before they have a need. The guardian goes over their preferences on a wide range of topics. Then the paperwork is drawn up that upon certain triggers (e.g., being deemed unable to make decisions for themselves), the court will step in and have the guardian appointed the legal decision-maker.
We can serve as a guardian in either context. If you think you or a relative or client have need of our services, give us a call at [Your Phone Number].
What is a guardian?
A guardian is a professional who does their very best to make decisions based on their understanding of what the client would want done. They typically have training in matters pertaining to the health care system, and/or financial planning and asset management.
There are two types of guardians:
- Guardian of the Person: These professionals are empowered to make health care decisions for a client. This could involve medical care (whether to have a surgery or not), and end-of-life care (whether to put the person on a respirator). It also involves decisions around living arrangements. Perhaps the individual is no longer able to get dressed, or take a bath unattended. He or she may need to live in an assisted living arrangement, or with home care aides 24/7. The goal is to give the *** the most independence possible while still protecting him or her from preventable harm.
- Guardian of the Estate or Property: These professionals manage a client’s financial affairs. The client’s money remains the client’s property. It is never mixed in with the guardian’s funds. And the guardian must be able to account for all moneys spent. Big decisions, such as selling property, must be approved by the courts. Guardians of the Estate make the best decisions they can regarding wise investment of the client’s assets.
Both types of guardians need to make annual reports to the court: one regarding health status and living situation, the other regarding the client’s financial state.
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What we do
[Write about your particular guardianship services. If you have a specialty, this is a good place to mention it.]
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Why are the courts involved?
If a person has a guardian assigned to them, there are many decisions they can no longer make for themselves. The courts are involved to be sure that the person really is unable to make his or her own decisions.
Decision-making powers that may need to be handed to a guardian include the individual’s ability to
- Decide where to live
- Decide to get married
- Sign legal contracts
- Possess a driver’s license
- Possess a firearm
- Vote in elections
- Manage bills and finances
- Buy, sell or manage property
- Engage in a lawsuit
- Make medical decisions
- Make end-of-life decisions
The courts do not make a guardianship decision lightly! No one should. It’s important to pick a person who is trustworthy and can listen well.
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Why is an attorney needed also?
An individual in need of a guardian may also need to have an attorney involved to make sure the guardian is in fact acting in the perceived best interest of the client. Since the individual is quite vulnerable and presumably has no family available, an objective third party needs to provide oversight. This attorney does not have specific expertise in the nuances of the health care system. Or may not have deep knowledge about financial investments. The attorney’s role, however, is to review decisions made, safeguard against conflicts of interest, and monitor to be sure that any known wishes of the client are being followed.
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