Simply put, a guardianship is a court case to give someone the ability to make decisions for the other person.
For example, if someone becomes incapacitated and they do not have a power of attorney or a designated health care surrogate (see ‘Advance Directives’), then a guardianship will need to be put in place in order for any legal, financial or medical decisions to be made on their behalf. Once a guardianship is approved by the Court, the person that is legally responsible is made the “guardian” and they can now make such decisions for their loved one, or the “ward.”
This may not sound like the worst thing that could happen, but let us be honest with you and tell you that you don’t want to go through a guardianship. They are very expensive and can put a lot of stress on you and your family, especially when you’re needing to make quick – decisions. That’s why we suggest getting your advance directives in place ahead of time to avoid guardianship, which results in a great deal of stress and lots of money.
In the event that you do need a guardianship, however, give us a call right away. We’d be happy to help and make the process as easy for you as we can.