How to Apply for a Guardianship
Guardianships are legal rights that grant someone else the authority to make decisions for another individual who lacks capacity. This could include making medical care or treatment decisions, purchasing food and clothing for them, organizing transportation for them to their destinations, managing household goods such as furniture and appliances, educating them about personal finance management and handling bank accounts for them if needed, etc..
Guardians can include family members, friends, professionals working for both for-profit and non-profit entities, as well as lawyers. State courts – often specialized courts such as probate courts, surrogates courts or orphan’s courts – appoint guardians to meet the needs of those unable to care for themselves.
How to Apply for a Guardianship
A person wishing to be appointed as guardian must petition the court. After conducting a hearing, they will determine if someone is incapacitated and what type of guardian is needed. They also decide who will serve as guardian based on both their needs and capabilities. Divorce Lawyer Menifee
Becoming a guardian can be an easy process for most, though it can be complex and challenging for those being appointed. Furthermore, there is no assurance that they will receive proper care from their new guardian.
Throughout the guardianship process, there will be many discussions and meetings between the ward and their proposed guardian. These interactions should help the ward feel confident with their choice of guardian. It is essential for everyone involved to discuss wishes and worries beforehand so that informed decisions can be made.
If the ward is uneasy with their proposed guardian, the court can appoint a professional guardian who has undergone proper training to serve in this capacity. Alternatively, individuals may name such professionals in estate planning documents such as wills or durable power of attorney documents.
In addition to naming a guardian, a court can declare the ward incapacitated and appoint a conservator. A conservator is necessary if the ward has disabilities or is unable to manage their financial affairs independently. The conservator will manage any property owned by the ward – such as insurance settlements, investments, and savings – according to directions from the court.
Conservatorship is an effective tool to safeguard a person’s money and assets from predatory family members or “friends” who would rather take advantage of the incapacitated individual than provide assistance. It may also prevent the ward from engaging in irresponsible financial behavior by prohibiting them from altering their wills or changing beneficiaries.
Selecting an Appropriate Guardian
It is essential that the person applying to be a guardian be someone the ward can trust. They should be capable of meeting all their needs, offering emotional support, guidance and affection.
When applying to be a guardian for someone, they should be willing to make changes in their lifestyle in order to meet their ward’s needs. This could include providing lunch with their favorite doctor once a month or guaranteeing access to activities they enjoy. Furthermore, it is essential for both sides to stay in contact regularly – at least one visit per week at least.