Sometimes, an adult may become unable to care for themselves. In these instances, a judge may appoint a specific person to make decisions on behalf of that individual. This is called guardianship. In this blog, we’ll take a closer look at what it means to live under a guardianship, how this applies to minors and the elderly, and the type of guardianship services available to those that need them.

What is guardianship?

A guardianship is a legal process in which the court appoints a person to care for an individual who is unable to care for their own well-being (also called a ward or protected person), often due to infancy, health problems, or disability. Visit this website if you need guardianship services.

The legal guardian can make legal, financial, and health care decisions on behalf of the ward and represent their personal and financial interests. In some cases, a ward may be able to make certain decisions for themselves, but is unable to make others. For these situations, a limited guardianship may be ideal.

While people can express their preferences for a legal guardian in court, or they may do so in their will, ultimately, the court has the final say to determine who fills that role.

How does guardianship apply to minors and the elderly?

When it comes to children, a court will only establish legal guardianship only if the judge determines that it’s in the child’s best interest. Even then, the guardianship does not eliminate the legal relationship a child has with their parents. Legal guardianship of minor children is regulated by state law, so the requirements and obligations of guardianship of a minor can vary depending on where you live.

With elderly individuals or incapcitated individuals, they have the right to legal counsel before the court appoints a guardian. During the legal proceeding, they also have the right to confront potential guardians and present evidence if they want to. Once appointed, a guardian of an elderly or incapacitated individual is encouraged to give the ward as much self-directing freedom as possible while protecting their financial and personal interests.

Guardianship services

Depending on the state and the terms of the guardianship, a guardian may or may not need to seek court approval before making various decisions on behalf of a ward. Guardianship services may be provided by any type of legally appointed guardian, including a spouse, family member, close friend, neighbor, or even a professional who has specialized training in providing guardianship services. These services may include:

• Deciding how to spend the ward’s money
• Determining where the ward should live
• Making decisions about what type of medical care the ward should receive
• Determining the type (or extent) of education the ward receives

Since guardians are given broad authority in a ward’s life, they also have many opportunities to abuse these responsibilities if they choose to. As a result, it’s best to consider all other alternatives before resorting to guardianship if possible. For example, establishing a conservatorship or a revocable (living) trust with an attorney might be a better option for some individuals. Meeting with an attorney is the best way to determine the most appropriate solution.

Read a similar article about medicaid long term care advice here at this page.