When Does Someone Need a Guardian?
Seeking guardianship for a loved one is a significant decision that requires careful consideration. When someone cannot manage their own affairs and hasn’t established a financial power of attorney, a guardian or conservator may become necessary.
Understanding Guardianship vs. Conservatorship
Guardians typically handle personal matters, while conservators focus on financial affairs. However, these definitions vary by state, and one person often assumes both roles. It’s advisable to consult an estate planning attorney about which designation suits your specific situation.
Why Guardianship Matters
Recent high-profile cases have highlighted how guardianship can be misused. Years-long battles and exploitation scenarios underscore the importance of proper oversight and family awareness.
The Guardianship Process
Generally, a petitioner files a petition with the local court. A judge then holds a hearing to determine whether the respondent meets the state’s standards for needing guardianship. The respondent has the right to legal representation if they contest the petition.
Rights Lost Under Guardianship
Guardianship can strip individuals of significant rights, including voting, marriage, travel, and certain medical decisions. Courts increasingly prefer limiting a guardian’s authority to specific matters like bill management and home maintenance rather than removing all rights.
When Guardianship Is Appropriate
Clear need exists when someone has suffered a stroke and is in a coma, or experiences dementia. Other valid reasons include severe depression preventing functioning, delirium, and delusional disorders. However, courts typically won’t approve guardianship solely because someone makes poor financial decisions or keeps questionable company.
Cost Considerations
Guardianship petitions cost thousands of dollars, with professional guardians often charging upwards of $250 hourly. Both professional and family guardians must maintain meticulous records of all expenses and activities.
The Better Alternative
Advance planning with powers of attorney and healthcare directives proves significantly more cost-effective and less intrusive. These documents allow family members to act without court intervention and eliminate guardianship expenses.
Who Can Serve as Guardian
Courts prefer appointing family members when appropriate. If none exist, the state may appoint a public guardian or a professional guardian paid by the family.
If you or a loved one needs assistance with guardianship or estate planning issues, do not hesitate to contact The Stegall Law Firm for guidance.
