Making the decision to pursue a guardianship over someone can be difficult. No one wants to be placed under a guardianship; however, it can be necessary when an individual is legally incapacitated and cannot care for themselves. Our firm is here to help guide you through the process of deciding whether a guardianship is the right path or the only path for you and your loved one.
Types of Guardianship
There are two types of guardians: a guardian of the person and a guardian of the estate. The guardian of person manages the individual’s day-to-day care, such as making housing and healthcare decisions. The guardian of estate manages the finances, including bank accounts, property interests, and other assets.
In the guardianship proceeding, the court will determine what is in the best interest of the incapacitated individual and it is not uncommon for only one type of guardian to be appointed.
Alternatives to Guardianships
Guardianships take away many basic rights of the individual, such as the right to make medical decisions, to manage finances, to vote, and to choose where to live. Before making the decision to pursue a guardianship, it is important to explore the alternatives to guardianship to see if there is a lesser restrictive alternative and to be able to tell the court that all other options have been explored.
Some common alternatives include:
- Power of attorney documents
There are alternatives to guardianship but oftentimes, certain documents have to be in place in order avoid going through the guardianship process. Contact Clayton, Ramirez & Null Law to review the specifics of your situation and take the step in deciding what is best for you, your loved one, and your family.