Who May Need A Guardian?
Persons who cannot care for themselves.
Persons who have Physical or mental disabilities.
Persons who are aged and disabled.
Persons who cannot manage their financial affairs.
Minors who need their assets managed
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Who Can Be A Guardian?
A qualified family member or a registered professional guardian can fill this role once someone is adjudicated incapacitated.
A Guardian Is...
An advocate who acts on behalf of the incapacitated person. A fiduciary that manages an incapacitated person’s funds prudently and accurately accounts for the funds annually to the courts.
A coordinator of services that arranges everything from government benefits to healthcare to lawn work. A last choice, as it is important to explore options before the need arises. You may wish to speak with an Elder law attorney.
A Guardian Is Not...
A companion… A guardian may form an emotional bond with the incapacitated person; however, the guardian does not take the place of the companionship that a family can provide.
Personally liable… A guardian of the property acts on behalf of the incapacitated person to the extent of that person’s assets. Once those assets are exhausted, the guardian’s assets do not take over where the incapacitated person’s assets
A forever person… The goal of a guardianship is to be able to restore the rights of an individual who, for whatever reason, has had some of them removed by a court after due process. It is true in many instances that once a guardian has been appointed by the court, the responsibility continues until the death of the incapacitated person. However an annual review and assessment monitors the need for maintaining or terminating a guardianship, and alerts the court to the need for a potential restoration of some or all of incapacitated person’s right.