Guardianship is a legal area that often remains unfamiliar to individuals until they find themselves in a guardianship court. Whether caused by a progressive illness or a sudden injury, anyone can face a situation where they are unable to make important medical and financial decisions. In such cases, the court may need to appoint a guardian if no estate plan is in place or even if one exists.

Having a knowledgeable attorney who understands the court procedures is invaluable.

Establishing a guardianship can significantly impact a person’s Constitutional rights and should be approached with seriousness. Whether you support or oppose the creation of a guardianship, the process can move swiftly. Safeguarding your loved one’s well-being and protecting their rights is of utmost importance.

A power of attorney allows you to choose someone to act on your behalf if you become incapacitated, while a guardianship involves the court selecting a guardian to make decisions for you in such a situation. Further, Power of Attorney can only be created while you are competent.

A guardianship over an adult lasts until the adult regains the ability to care for himself, or until the adult passes away. A guardianship over a child generally ends when the child turns 18.

Guardianship can be created over a person, a person’s assets, or both. A court proceeding is often required and the court will closely monitor the guardian’s actions to make sure the protected person’s assets and medical needs are being met.

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