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Elder Planning Isn't Just For The Elderly

What goes into a guardianship?

On Behalf of | May 20, 2022 | Estate Planning

When you create an estate plan, one of the choices you may have to consider is who will care for your children. However, this is not the only type of guardianship you may have to consider.

Guardianships come in a couple of forms. The most common one names the person who will take legal and physical custody of your children after you die. Another form of guardianship is one over an adult. Delve deeper into what this document is and what it may mean.

Why would an adult need a guardian?

Adult guardianship actions may become necessary when someone over 18 becomes mentally unfit to make his or her own decisions. This may apply to your own parents as they age or to a spouse after a traumatic head injury. Regardless of the cause, the court may appoint a guardian to take charge of financial and medical decisions.

What does the court consider when deciding?

There are a few factors that go into a guardianship designation. First, you must establish a medical basis for the request. Believing your aging mother, for example, has dementia and is unfit to handle her legal affairs is not enough. The court wants to examine the complete medical record and affidavits supporting the need for a guardianship.

What does a guardian do?

When the court grants a guardianship, the person appointed acts on behalf of the at-risk adult. For instance, if you get guardianship over your mother, you now have the legal authority to make decisions for her. You can confer with doctors to make medical choices and buy and sell assets to pay for her care.

Should someone you love need a guardian, you may need to go to court. Consider having an ally who has the experience to walk you through the process.


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