Guardianship Attorney

Guardianship

Guardianship is a court appointed position that makes the guardian the legally responsible for someone else because they are unable to take care of themselves. This can involve taking care of a child if their parents are deceased or unable to care for them or being partially or fully responsible for an adult who can no longer manage their own affairs. This will always be a very difficult decision to make. Heather Moseman as your Guardianship Attorney can make it as easy for you as possible. 

Types of Guardianship

Guardianship of The Estate

This type of Guardianship gives the Guardian the obligation to make financial decisions for the person who is incapable of making those decisions for themselves. One would choose this type of Guardianship if the adult  or child can’t responsibly or legally handle their financial affairs but can still manage all of their other affairs.

Guardianship of the Person

This type of Guardianship involves managing the child or adult’s health and other decisions, but can still manage their financial affairs.  Examples of areas that would require a guardian of the person to be appointed if the adult or child cannot manage them are  day-to-day care, medical arrangements, and housing. Should someone not be able to do this for themselves but they can still manage their money, they would only require he court to appoint a guardian of the person.  

Guardianship of Person and Estate

if an adult or a child under the age of eighteen (18) years is unable to manage their personal or financial responsibilities then the applicant would ask to be appointed guardian of the person and estate of the individual.  This is the most commonly applied for type of guardianship.  The obligations of the guardian of both the person and estate extend to the management of the health, life and financial decisions for that person.  The guardian shall be responsible for the gathering of, reporting of to the court and management of the assets of the person over whom the guardianship is granted.  This can be a daunting task and is best accomplished with the guidance of an experienced probate attorney.  Moseman Law Office can help with all aspects of all types of guardianship.  The guardian will also have the responsibility to make all decisions regarding where the subject of the guardianship lives, what kind of medical care they have and all aspects of daily life.   

Limited Time Guardianships

Emergency and Interim Guardianships cover short periods when an emergency demands immediate action only or while a more permanent guardianship is secured.  If the person over whom guardianship is sought is in eminent danger to to themselves an application for emergency guardianship can be filed with the court pending an application for permanent guardianship.  

Which Type of Guardianship To Choose

It is always recommended to go with the least restrictive, effective option for the person over whom guardianship is sought. The court responsible for appointing a guardian will ensure that the least restrictive guardianship is  granted.  If the person over whom guardianship is sought has a Power of Attorney for finances a guardianship of the estate is not usually necessary.  In certain courts a Power of Attorney for Healthcare will alleviate the need for the appointment of a guardian of the person.  

The decision related to guardianship is difficult and always involves a careful balance between dignity, autonomy, and safety. 

How to Apply For Guardianship

If the potential Ward is an adult, you will need a medical professional to prove they are incompetent in the area(s) you are applying to manage.  A medical professional will need to complete a Statement of Expert Evaluation after having examined the person over whom the guardianship is sought.  If the medical professional has determined that the person is permanently or temporarily incompetent to manage their personal or financial obligations then an application for guardianship is filed with the court of appropriate jurisdiction.  The application consists of information regarding the person over whom the guardianship is sought and their assets, the person applying for the guardianship, the next of kin of the person over whom guardianship is sought.  A bond, or insurance policy, covering double the value of the assets to be managed will usually need to be obtained and filed with the court.  The applicant will need to have a back ground check completed as well.  Once the application is filed the Court will set the matter for a hearing and anyone, including the person over whom guardianship is sought, may be heard as to the guardianship. 

A minor, person under the age of eighteen (18) years,  is automatically considered unable to be legally responsible for themselves unless they have been emancipated by court order.  The guardianship of a minor will automatically expire when the minor reaches the age of eighteen (18) years unless the then adult is proven to be incompetent. 

After being appointed guardian the guardian will have monthly and yearly reports regarding the persona and finances of the person who is the subject of the guardianship.  Moseman Law Office can provide assistance with the reports required and guidance to the guardian regarding how to navigate the care of and management of the assets of the person over whom they have guardianship.  

Learn More About Guardianship from Moseman Law Office

Don’t make this difficult decision without an experienced Guardianship attorney.  contact Moseman Law for the help you need.