Guardianships can also be used for estate planning purposes. Elderly individuals and those with terminal illnesses might include provisions for a guardianship in their estate planning. By including these provisions, individuals can make decisions about who they want to appoint to handle their affairs should they become too sick to handle their affairs themselves. Guardianships are generally only established when they are absolutely needed, and generally a strong case must be presented to the court to show why a guardianship is necessary.
If you are thinking of seeking a guardianship, you may want to speak to an attorney at The Bobb Law Firm PLLC who can help you understand what the courts may require when it comes to establishing a guardianship. Our attorney can review the situation, see if there are any alternatives, and help you take required steps to protect your loved one’s interests and safety.
Guardianships for the Elderly and Disabled
In order to establish a guardianship through the court, the individual seeking the guardianship must be able to show that the person for whom the guardianship is sought is unable to make sound financial or medical decisions for themselves. Sometimes the individual is comatose, and sometimes the individual has such advanced states of dementia or Alzheimer’s that he or she cannot make decisions for him or herself. Other times, a person might be developmentally disabled, suffer from mental illness in which he or she may not be able to care for him or herself or make decisions, or suffer from another illness which requires him or her to require assistance. In some cases, individuals receive a diagnosis of a terminal illness and may set up a guardianship so that medical decisions can be made on their behalf when they are too ill to make medical decisions for themselves.
In order to establish a guardianship, either the person him or herself must request it, or the person seeking the guardianship is required to provide notice to the individual and then present evidence to the court about why a guardianship must be sought. If you are concerned for the well-being of a loved one or family member and need to seek a guardianship or if you are in the process of planning your estate and want to ensure that your end-of-life wishes are carried out, The Bobb Law Firm PLLC can help.
Guardianship of a Minor
There are many situations where an adult may take on the role as a child’s legal guardian, even if the person is not the child’s parent. Sometimes parents are too ill to care for a child, and sometimes parents might lose custody of their children. In some cases, parents who are incarcerated might seek guardians for their children. In other situations, parents may abandon a child and a guardian must be sought. Another situation might be one where the parents need to leave the country for whatever reason and the parents won’t be available to care for the minor. During this time, parents may appoint a legal guardian to care for their children. When courts appoint a guardian for a minor, they make the decision in accordance of what the court will believe is in the child’s best interest. The best interests of the child standard is not a fixed standard, but rather a series of suggestions to the court that helps judges make the best possible decision for the child’s needs. Parents who anticipate that they may someday be too ill to care for their children or who need to appoint a guardian can do so through the courts and can appoint a friend, grandparent, or other trusted person, as long as the person agrees to take on the role. Sometimes grandparents or extended family members might seek guardianships over minors if the parents are unable to care for the children or if the parents have abandoned the children. Have questions about what steps you’d need to take if you want to take on the role of a guardianship for a child in need? Or, are you a parent who needs to establish a guardianship for your child? Contact The Bobb Law Firm PLLC for assistance.
Contact a Guardianship Lawyer Today
Whether you need help with estate planning and want to ensure that the right person plays the role of conservator (guardian) over you and your estate, or are a concerned parent needing to establish a guardianship for a minor or disabled child, The Bobb Law Firm PLLC is here to help. Guardianships can be difficult to establish because of the requirements and process. However, you can contact a lawyer at The Bobb Law Firm PLLC today.
