In cases where a loved one is no longer able to make sound decisions due to incapacity, Guardianships may be necessary to protect their interests. A guardianship proceeding is when there is an adult in your life that is no longer capable of taking care of themselves, both the person and their finances. They need somebody to step in and take care of them.
A guardianship proceeding is before a judge. It is a court proceeding where a judge takes into consideration all of the facts presented and makes a determination on guardianship. These facts include both the statement of the person applying for guardianship, the incapacitated person’s doctor, and the incapacitated person’s lawyer. The court will assign a lawyer to the incapacitated person to see if it is in their best interest to have a guardian.
It is a big deal to appoint somebody a guardian because you are taking away all their rights both to their finances and to their medical and personal decisions. It is a lengthy process but one that has great benefits if the incapacitated person truly cannot take care of themselves. When considering whether to establish guardianship in your Estate Plan, it is vital to consult with an Estate Planning Attorney.
Contact UBFK Law today to create your personalized estate plan & secure the future of your loved ones.