When adult individuals are unable to make decisions for themselves due to physical or mental incapacity, they need protection from abuse and exploitation and assurance that their rights are respected. Laws related to guardianship for adults provide standards for appointing a guardian and navigating the guardianship process safely and legally.
For senior citizens, guardianship provides legal protection and ensures their rights are respected. In this blog, we will provide an overview of the Adult Guardianship Act and discuss how it can benefit senior citizens.
What Is Guardianship for Adults?
Guardianship is a legal relationship between an adult with a disability and a person or organization appointed by the court to make decisions on their behalf.
Before understanding the process of guardianship, it is important to know why it may be necessary. Adult guardianship is typically required when a person is unable to make decisions independently due to a physical or mental disability, or when they cannot provide for their own health, safety, and welfare. In these cases, guardianship can provide the individual with protection and care.
The legal process of obtaining guardianship involves filing a petition with the court, attending court hearings, and submitting evidence that supports the need for guardianship. It is a lengthy process and requires a great deal of paperwork and legal expertise. In nearly all cases, it’s essential to have an attorney manage the process on both parties’ behalf.
Who Can Be a Guardian?
The court will appoint a guardian after determining that a person is not capable of making decisions for themselves. In order to become a guardian, an individual must be at least 18 years old, have no criminal record, and be able to demonstrate financial responsibility.
Guardians have the right to make decisions on behalf of the individual in accordance with their best interests. They also have the responsibility to ensure the individual’s safety, welfare, and health.
How to File for Guardianship
Before filing a guardianship petition, individuals must gather all required documents including medical records, financial records, and any other information relevant to the adult’s condition and needs. Petitions must be filed in the county where the individual resides.
Guardians must provide proof of service to all interested parties including family members and any healthcare providers that may be involved.
Once the petition has been filed, a court hearing will be scheduled where the court will decide whether or not to grant guardianship. At this hearing, evidence must be presented to support the petition.
Establishing a Guardianship for Adults
After the court grants guardianship, the guardian will take on many responsibilities including providing care for the individual and making decisions on their behalf in accordance with their best interests.
Guardians are required to manage the individual’s assets in accordance with state laws and regulations. This includes managing their finances, investments, and property.
The court may appoint an attorney to represent the individual in legal matters related to guardianship. The guardian should work closely with this attorney to ensure that all legal requirements are met.
Hiring an Attorney for Adult Guardianship
The first step in hiring an attorney for adult guardianship is researching potential attorneys. It is important to identify and review the qualifications of attorneys so that you can find one who is experienced in working with adult guardianship cases. You should also look for reviews and ratings from other clients to get a better understanding of the attorney’s performance and reliability.
There are several sources you can use to find qualified attorneys. The American Bar Association provides a searchable directory of lawyers and law firms. Many states have websites that allow you to search for attorneys by specialty or geographic area. You can also ask your friends and family members if they know of any experienced attorneys who specialize in adult guardianship cases.
After researching potential attorneys, prepare questions to ask during in-person interviews. Evaluate the attorney’s experience and expertise with adult guardianship cases. Ask questions about their fees and payment options, as well as any other questions you have about the process.
Remember that you are interviewing the attorney as much as they are interviewing you. The lawyer should be able to answer any questions you have about the process, their experience, and their fees. You should also take note of how the attorney makes you feel during the interview; if you don’t feel comfortable with them, it may be best to keep looking for another attorney.
Find Help at Auld Brothers Law
Hiring an attorney for adult guardianship can be a difficult and overwhelming process. It is important to do your research and ask questions before making a decision on which attorney to hire.
At Auld Brothers Law, we specialize in elder law and guardianships for adults. Our team of experts has extensive experience handling guardianship cases. Contact us for a free consultation to explore whether guardianship may be appropriate for your situation.