Are you trying to help someone who is no longer competent? It can be heart breaking to see a loved one struggle with day to day decisions, especially if they are making decisions that are dangerous to their wellbeing. At Trunkenbolz | Rohr PLLC we offer free initial consultations to people who are looking for answers regarding guardianships. (509) 928-4100
WHO NEEDS A GUARDIANSHIP:
Often the person needing a guardianship is an elderly person who no longer has the capacity to care for themselves or their finances. This is even more important if the elderly person is easily swayed and may be manipulated by people who are taking advantage of the elderly person. However, not all guardianships are for the elderly. Any person whose physician states that they are incompetent, or a minor under the age of 18, may be an appropriate candidate for a guardianship.
GUARDIANSHIP IN A NUT SHELL:
After your free consultation, Trunkenbolz | Rohr PLLC will draft the paperwork required to begin the guardianship process. A petition is filed with Superior Court in the appropriate county. The court then names a Guardian ad Litem (GAL). This is the person who will investigate the facts and interview family members, the physician(s) and report to the court recommendations regarding whether a guardianship is appropriate and whether the person asking to be named guardian is appropriate. The process takes several months and could take much longer if there are disagreements over the guardianship. The key to a successful guardianship is a responsible, compassionate guardian working with an experienced, diligent attorney. We look forward to working with you.
GUARDIAN OF THE PERSON:
A guardianship may be split up into two parts: guardian of the person and guardian of the estate. The guardian of the person makes decisions regarding the day to day care. Food, living arrangements, doctor’s appointments and all medical care fall to the guardian of the person. The guardian of the person is to always do what is in the best interest of the person.
GUARDIAN OF THE ESTATE:
While one person may be named guardian of the person, the guardian of the estate is the person named to handle the person’s finances. The guardian of the estate will be responsible for making sure that the person’s bills are paid and that there are sufficient funds available, and if they are not, the guardian of the person and the guardian of the estate work together to determine the best course of action.
RESPONSIBILITIES OF THE GUARDIAN:
Guardians are under a high duty of care to ensure that the best interest of the person they care for is met. Guardian training, in person and online, is required before you can be named a guardian. In this training you will learn what is expected from you, whether or not you will need a bond if you are handling money, when the various reporting periods are and what you have to file.
OBJECTIONS TO GUARDIANSHIP:
If a guardianship is sought for you and you do not believe it is necessary or you do not want the person who is the proposed guardian to be your guardian, the law gives you the right to be represented by an attorney and to fight the guardianship. The court will listen to your concerns and adjustments will be made. It is possible to have the entire guardianship proceeding dismissed if the judge believes you are competent. This usually happens when your doctor states that you are competent. No matter what your objections to a guardianship might be, you have the right to be represented by counsel.
Perhaps the person seeking to be your guardian is not the person you want to work with. You have the right to have the guardian that will keep your best interest at heart at all times. Call today for a free initial consultation.
Fill out the contact form or call us at (509) 928-4100 to schedule your free consultation.