If you don't know where you are going, you might end up some place else. - Yogi Berra
We help people though the guardianship process and provide guardian services if needed.
Guardianship is a court authorized relationship between a competent adult (the guardian) and a minor child or an incapacitated adult (referred to as the “ward”.) The guardian is given the duty and right to act on behalf of the ward in making important decisions affecting that individual’s life.
An incapacitated person is…
Generally speaking, an incapacitated person is: Any person whose decision making process is impaired by reason of mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, has unusually bad judgment, a highly impaired memory, or severe loss of behavior control, or other cause, to the extent that the person is unable to care for his or her personal safety or is unable to attend to and provide for such necessities as food, shelter, clothing and medical care, without which physical injury or illness may occur.
* Since guardianship involves the taking away of a person’s rights, this firm and the courts believe guardianship is a last resort when less restrictive protections will not secure the individual. When confronted with a person who can no longer care for themselves, who will not cooperate with family or friends, and who did not do legal planning in advance of their incapacity, only the designation of a guardian can ensure appropriate safeguards.
Examples of possible incapacity…
· A sick person who can no longer cook or clean but who refuses to get assistance;
· An Alzheimer’s victim who is susceptible to being taken advantage of by unscrupulous business persons or even friends or family;
· A nursing home resident who requires the care but who refuses to stay.
*Judges ultimately decide if incapacity exists. Since there is no uniformity in how the incapacity laws are applied from one jurisdiction to another these examples are possible but not certain outcomes.
Duties of the Guardian…
When a guardianship is granted by the Court, the guardian’s duties may include some or all of the following:
· determining where the ward will live and what training, health care and education they receive,
· responsibility to make sure the basic needs of the ward for food, clothing and shelter are met,
· authority to consent to medical and other professional care needed by the ward, and
· responsibility to keep the ward’s financial affairs in order.
Call 215.285.9153, or email Foresight@SchwartzLegacyLaw.com.