Most adults are responsible for managing their own lives and resources. If they make mistakes, they have to suffer the consequences of their bad decisions or negligence. However, some people truly are not capable of understanding the implications of their decisions or making choices that are in their own best interests.
Older adults, people with debilitating medical conditions and those with major mental health challenges may not be able to consistently act in their own best interests or meet their own needs. Guardianship is a potential solution to help protect people incapable of managing their own affairs.
Concerned parties go to court
Guardianship requires approval by the courts. Individuals such as professional caregivers, nursing home employees or family members must file a petition with the courts and then present evidence that can convince a judge that guardianship is necessary.
Medical records, financial documentation and testimony from people who know the vulnerable individual can all serve as compelling evidence in a guardianship case. If a judge agrees that an individual seems incapable of consistently acting in their own best interests, then they may approve the guardianship request.
The courts can award guardianship of the person. In such scenarios, the guardian has many of the same responsibilities as a parent does. They must ensure that the vulnerable individual’s needs are consistently met. They have the authority to make decisions about their living circumstances and medical care.
Guardianship of the estate is sometimes called conservatorship in other states. It involves the courts granting a competent adult control over the assets that belong to the ward or vulnerable person. Guardianship of the estate gives the guardian control over the finances of the ward. They can make decisions about how to manage investments or take responsibility for fulfilling their financial obligations. The courts may also award guardianship of both the person and their estate if necessary.
Pursuing a guardianship may be one of the best things that a concerned loved one can do to protect a vulnerable person. Those who think that their loved one may need the support of a guardianship often need help evaluating the situation to determine how to proceed.