Guardianship is a legal proceeding in which the court
determines that someone is incapacitated. On behalf of the
incapacitated person, the court appoints someone to be the
guardian of the property or the guardian of the person, or
both. The guardian'the responsible person'has a fiduciary
relationship to the ward'the minor, or person the court has
determined to be incapacitated. If you are the guardian, you
have a legal right and duty to care for your ward. We guide
you, as guardian, through the court system. We advise you of
your legal responsibilities, which may involve making
personal decisions on behalf of your ward or managing your
ward's property, for example. The court stays very involved,
and must approve your every action'snd expenditure'ss
guardian.
On occasion, the ward may need legal representation. We
represent wards, ensuring that their best interests are
being met and that the guardians are doing their job.
Incapacity is not a black and white concept. The ward may be
capable of some things, and incapable of others. We help the
ward maintain independence and dignity. Sometimes, one
person files with the court a petition to determine the
incapacity of another person'snd the person alleged to be
incapacitated disagrees and does not wish to become a ward.
Guardianships can be heart-wrenching. Recognizing incapacity
on behalf of someone you love is never easy. Going public by
involving the court in every aspect of your loved one's care
can be frustrating and humiliating. On the other hand, if
someone you love no longer can care for himself, having the
court's approval to keep your ward safe and healthy is a
blessing. Either way, expect to spend a substantial amount
of time and money during a guardianship. |
