There are many reasons why a person may not be able to take care of themselves. Among these reasons are illness, old age, mental instability or dementia. When this happens, the law provides that the state should appoint a “guardian” to oversee the individual’s needs on a day to day basis. So, who is a guardian?
A guardian is an individual appointed by the court, or a third party to take care of a child or an adult who is incapacitated.
What Are the Roles of a Guardian?
A guardian takes care of the day to day needs of their ward. This includes ensuring they have a place to live. They also ensure that the meals and the medications of their wards are also taken care of. In the cases where a guardian chooses to place their ward in an assisted living facility, the bills and team that take care of the ward are also within the roles of the guardian.
In certain states, guardians also serve as health proxies to their clients. They are delegated with the role of making medical decisions for their wards. This role may, however, be censored in some states.
If the wards in said scenario are minors, it is the guardian’s role to ensure that they get the education they require.
Who Can Become a Guardian?
The court’s first choice is almost always a relative. In this case a spouse. If there is no spouse or the spouse is incapacitated as well, children are then the next choice. In the event that this is not an option, a neutral party, often a lawyer is selected who routinely handles these matters.
How Do I Know My Relative Needs A Guardian?
If the said relative is in a state where they are unable to make their decisions for themselves, a guardian may be needed. Once the court proves without reasonable doubt the need for a guardian, your relative will be put under guardianship.
Our attorneys would love to help you navigate guardianship in the best way possible. Our team of experts will help you maneuver the court process while ensuring that all you are fully aware of all your options.
Call us today for a consultation.