Should You File for Guardianship of a Loved One?
“Now why did I walk into this kitchen?” As we pass the half century mark, many of us have these conversations with ourselves. While that is a normal part of aging, forgetting to take medications, missing appointments, misplacing money and other important items, and wearing the same clothing two or three times a week, is not normal. If you are noticing these issues in a friend or loved one, a medical evaluation is warranted. When a person is no longer able to live alone, manage his or her healthcare, housing decisions, and other normal tasks, a guardianship could be needed. In some instances, a young adult who has autism, developmental delays or other conditions interfering with his or her ability to manage personal affairs as an adult, a guardianship could be beneficial.
Let’s begin with some explanations. If a person is no longer able to competently manage his or her health care, living arrangements, safety and support, that individual could benefit from a guardianship. If an individual is not able to manage his or her financial affairs such as banking, spending, and investing, that individual could benefit from a conservatorship. Every situation is different. In some instances, a person needs a guardianship and a conservatorship, and in some instances, a person only needs one or the other.
Guardianships and conservatorships are serious legal matters. A person who is the subject of a guardianship or conservatorship petition has the right to an attorney and has the right to a jury trial to defend him or herself. The person’s spouse, adult siblings, adult children and parents must receive notice of the guardianship hearing. When a judge signs a guardianship and or conservatorship order, important rights such as the right to own a firearm, vote, drive, and manage money are revoked.
Guardianships and conservatorships allow friends and family to assist a loved one with medical care and decisions, housing, property management and banking and other financial affairs. Conservators are usually bonded, and they must file an annual report that details how the person’s money was spent. Guardianships and conservatorships can prevent the financial exploitation and medical neglect of friends and family members by unscrupulous family and friends.
An attorney can give advice on whether a guardianship, conservatorship or both would be warranted in a particular case. The attorney will prepare the petition and other documents that must be filed with the court, communicate with the court and the guardian ad litem and assist the proposed guardian or conservator with the legal process. Depending on the court, it takes three to six months to complete a guardianship or conservatorship case.
