It is important to know under which conditions guardianship and/or conservatorship responsibilities will apply and what the procedure is in order for the rulings to be made. Guardianship can apply to anyone who is considered by the courts to be disabled in a way that makes them unable to take responsible actions or to those who are minors and therefore need the assistance guardianship and conservatorship will offer. Some states combine the duties within the designation of guardian, but … [Read more...] about Guardianship And Conservatorship Considered
Guardianship is a legal proceeding by which a person petitions the Court to allow the petitioner to assume control over the physical person or property of another person. Guardianship can occur in several circumstances: Injury or illness of an adult that leaves the adult unable to care for themselves or their propertyMinor Children who do not have a parent to care for themMentally disabled persons who are at risk of being taken advantage by designing personsOlder adults suffering from … [Read more...] about What is Guardianship and When is it Necessary?
If you are concerned about a family member being able to care for themselves, you might want to consider guardianship. A guardian can be appointed for persons who cannot provide self care or manage their finances, who have dementia, or are otherwise incapacitated mentally or physically. Those who are habitually drunk or abuse drugs or have a developmental disability can also be considered incapacitated for guardianship purposes. There are three kinds of guardianships: Guardian of the … [Read more...] about What If My Loved One Needs a Guardian?
A mental disability or terminal illness can leave you unable to handle your finances and make your own medical care decisions. That is why it is important to create a disability plan. Without a disability plan, the legal system will decide who has control over your medical wellness and financial assets. Make a Medical Plan A mental or severe physical disability may leave you without the ability to tell your family members and doctors how you want to be cared for. If you would like to name … [Read more...] about How to Create A Comprehensive Disability Plan
If you suffer an illness or injury that leaves you unable to care for yourself, you’ll need someone to handle your affairs on your behalf. This is when a guardian and/or a conservator would be appointed for you. What’s the difference between the two? A guardian is a person who’s appointed by the court to take care of your personal interests and day-to-day care. Some of the things a guardian might decide for you are where you’ll live and what kind of medical care you’ll receive. A guardian is … [Read more...] about What's the Difference Between a Guardian and a Conservator?
If family members feel that you are no longer able to care for yourself, they may petition the court to appoint a guardian – typically called a conservator – to look out for your best interests. If the court grants this petition, the conservator would then be responsible for making personal and financial decisions on your behalf. You can however, object to the appointment and there are some rights you retain even after a conservator has been appointed: being present during the hearing if … [Read more...] about Can I Object to Conservatorship?
If you’re a parent, you want to make sure you’ve provided for your children in the event you die while your kids are still minors. Part of doing this is to make a will appointing a guardian for your children. Sometimes, though, there are special complications that can make choosing a guardian especially difficult. If you have children from multiple marriages for example, you may be wondering how to choose a single guardian for all your kids. In some cases, this is not a difficult decision. … [Read more...] about Q&A: Choosing A Guardian for Children of Multiple Marriages