No one wants to think about a time when their parents will be incapable of making important decisions for themselves. Older people like to think they will always have the mental faculties to make personal and medical decisions.
Their children often find it difficult to consider the day when they will be in charge of their elderly parents. This reluctance on both parts means families often wait until the last minute to make decisions regarding guardianship. A guardian is a person who has legal permission to make decisions for another individual when they are incapacitated.
As difficult as it may be, hiring a guardianship lawyer and setting up a plan is the best thing to do. For information regarding your particular situation, call Suzanne R. Fanning. If you want some general information before you meet with an attorney, read on.
A guardianship lawyer can:
Advise you if guardianship is the right step
Guardianship isn’t the route to go for every family. However, sitting with an attorney will allow you to explore your options. They will take your unique circumstances into consideration and advise you on whether power of attorney, living wills, trusts or some other arrangement would be best for you.
Help you to prepare the guardianship petition
If it is agreed that guardianship is necessary and preferred, you will rely heavily on your attorney. There’s a lot of paperwork involved in filing for guardianship as well as hearings and evidence collection. It’s too much for the average person to handle alone. However, an attorney can draft the plan and organize all the various details. They will represent you in court when the first hearing takes place.
Explain the law behind guardianship
Laws change from time to time and what applies in one state doesn’t hold up in another. An attorney is well placed to explain all the legal aspects of guardianship including who is eligible and the responsibilities that come with the title. They can also explain how the rights of the ward become limited.
Help you to implement the plan
Drafting the plan is one thing. It’s another matter to know when it is time to put the plan into action. Guardianship attorneys will objectively stand by you as you adjust to this new phase of your life. They will ensure all the court’s requirements are met.
Assist with protecting assets
Your loved one likely has goals in mind about how they want to their assets to be invested or disposed of. A guardianship lawyer can help to ensure these assets are protected even when they are incapacitated. They can help to put the appropriate structures in place so assets aren’t eroded.
Deciding on guardianship can be emotionally exhausting and even frustrating. However, it helps to know that you have the services of an expert who can be rational and objective. Even if you’re not sure that guardianship is best, it doesn’t hurt to sit with a guardianship attorney to discuss your options.