A Guardianship is the legal process in which a person is appointed by the Court as a Guardian to exercise the legal rights of another person who is either physically or legally unable to exercise their own rights, i.e., incapacitated. A Guardian is appointed by the Court and is often a close family member or relative or a professional. Guardianship proceedings for adults are often begun when family members believe a person is no longer able to handle their own affairs.
Guardianships may also be needed for children if their parents are deceased or no longer able to care for them. In some instances, Guardianships are required for minors who receive inheritances or settlements from lawsuits.
Guardianships can be expensive and complex. It may also be an emotionally painful and lengthy process. In many instances, Guardianships may be eliminated or avoided with proper professional planning, including the use of documents Estate Planning tools such as a Durable Power of Attorney, a Trust, or a Designation of Pre-Need Guardian.
The proper use of these tools may cost a fraction of establishing a Guardianship and will help eliminate the emotional and financial difficulty which may be associated with Guardianships.
Please contact Holbrook Law if you believe it may be necessary to create a Guardianship for a loved one, or if you would like to plan to avoid the need for a Guardianship in the future.