16_GuardianshipWhat is Guardianship?

If it has been ruled that you can no longer care for yourself, a guardian is designated – by the circuit court – to protect your legal rights. .

A guardian may be a single person or an institution, such as a nonprofit corporation or bank trust department that the court appoints to safeguard the rights of a person who is incapacitated— This person is called a “ward”..

Elder Law Attorney is a local expert in guardianship law. We have more than a decade of experience with guardianship and estate planning and we are very experienced with the intricate nature  of guardianship administration  and have helped a great many clients to obtain the most appropriate guardian for their family member.  We have also or represented clients as the guardian.

Guardianship is a huge responsibility, and the person you elect must be able to care for your loved ones in every aspect imaginable. As guardianship attorneys, we will sit down with you and your family and help you choose the best possible person to raise and care for your minor children or disabled loved one.

The guardian may be designated to organize some (restricted) or all (plenary) of the rights of the incapacitated person. A person, property or both may have a designated guardianship.

When a guardian involves property, the main goal is to invest it to be certain that the person who is incapacitated will have the funds to maintain their lives.

In determining whether an individual is qualified, the court will consider:

  • Education
  • Ability to manage finances
  • Any wishes expressed by the incapacitated person
  • The unique needs of the individual case

A guardianship is used to protect minor children and incapacitated adult individuals. It is a legal agreement that includes the name of a trusted individual who will take over the responsibility as a guardian when the time comes.

It becomes effective when the parent(s) of a minor child become unable or unwilling to care for them or when an individual becomes incapacitated and can no longer handle their affairs. At Elder Law Attorney, we can help you create a guardianship that is appropriate for your needs.

Contact us for more information at (561) 123-1234