Guardianship refers to the duty and legal authority of to care for the personal and property interests of another person, typically referred to as a ward. There are three types of guardianship: for a minor, for developmentally disabled adults, and guardianship for an incapacitated senior.
If you have been assigned elderly guardianship, it is likely due to the fact that they can no longer care for their own person and/or property and may be a risk to themselves. Family members, healthcare workers, and even clergymen can initiate guardianship proceedings to protect an individual from being financially exploited or otherwise at risk.
Guardians are appointed, but some individuals can petition a court to designate guardianship, such as:
Types of guardianship can vary based on the level or extent of incapacity, and the type of guardianship required. Some additional considerations include the existence of a power of attorney or a health care proxy for the individual, which may or may become contentious with family and other dependents, especially when disputing access to financials.
As an elderly guardian, you essentially have the same responsibilities as the power of attorney. The difference being a power of attorney is selected by the individual, whereas the guardian is assigned by the court when an adult becomes incapacitated. If someone doesn’t have a power of attorney and suffers from a debilitating illness, dementia, or stroke, the court may appoint a guardian to act in their best interests and handle their affairs.
If you live in Concord, NC & need help planning for the welfare of your children or elder loved ones, turn to us at Elder Law & Estate Planning Solutions of the Piedmont.Elder Law & Estate Planning Solutions of the Piedmont
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