Guardianship Over Disabled Persons or Older Adults

A guardianship is a legal means of caring for someone who is no longer able to make competent decisions for themselves. A guardianship can be helpful in caring for a disabled person, whether young or old, or an aging parent or relative who can no longer take care of themselves.

In a guardianship proceeding every effort is made to preserve a person's dignity, individuality and freedom to make their own choices. But sometimes we see that a person we love loses that ability — and we want to help.

A guardian is a court-appointed caretaker of a person; the powers of the guardian can be very broad, that is, to make all decisions of the disabled person, or it can be very limited, that is, to make decisions only about finances or property, for example.

Let's say you see that mom is failing and you need to intervene. As a court-appointed guardian, you might have control over mom's finances, property and money or you might have control over the day-to-day life decisions as to where mom lives, and how much daily assistance she receives.

The court is not interested in depriving anyone of their rights or independence; the only point of a guardianship is to give a person the benefit of good decision-making when that person can no longer make good decisions on their own.

Answers to some frequently-asked questions:

  • A guardian must be appointed by the court; a person cannot draw up a document that creates a guardianship.
  • If you want to be appointed someone's guardian, you are not expected to pay the court costs and legal fees out of your own money; the costs and fees can be paid out of their money — since the purpose of the proceeding is for their benefit.
  • A guardian makes an annual report to the court as to the person's care and finances; this is a one or two-page form that is not very complicated; it is not necessary for you to go to court for this report; it can be filed through your attorney.
  • If the court appoints you to be "Guardian of the Person" you are empowered to make all the day-to-day decisions for the person.

If you are appointed "Guardian of the Estate" you have control over financial decisions. If you think you need to be appointed someone's guardian, contact our firm today to schedule your consultation.