For Guardianship Awareness Month, We’re Breaking It Down

October is officially known as Guardianship Awareness month.

What is Guardianship? How Will it Affect You and Your Loved One?

You might be asking, “What is the difference between Guardianship and Power of Attorney?” These are two legally different procedures, and we’ll help you understand the difference.

Guardianship – One person is appointed by the court to make decisions for someone who is ruled legally unable to make decisions for him or herself. There are different forms of Guardianship, and they impact the rights of an individual differently.

Durable Power of Attorney – A Power of Attorney is a legal document used to delegate authority to another person. In the document, you grant a named agent the right to act on your behalf. The document specifies the extent of your agent’s authority, but typically includes the authority to conduct transactions involving your property, especially your finances. It is effective immediately upon signing and survives your incapacity.

The Types of Guardianship

When an individual no longer has the mental capacity to manage his or her financial affairs and property or to make personal decisions relating to health care and residence, a guardianship may be necessary. A guardianship may also be necessary if there are concerns that someone is being financially exploited or physically abused.

Guardianship is the legal process of petitioning the court to appoint a guardian to make decisions on behalf of the alleged incapacitated person (AIP). Once appointed, the guardian stands in the shoes of the individual and is in charge of making personal decisions for the individual and/or decisions about his property. The process begins with a court proceeding brought by a petitioner who may be concerned about an elderly relative, friend or neighbor who doesn’t appear to be caring for himself or herself properly. The petitioner may want to be the guardian of the person they are concerned about, or the petitioner may want to have a professional guardian appointed.

If a less restrictive alternative is available, which can effectively and safely meet the needs of the individual, a guardianship may be avoided. Meeting with an experienced guardianship attorney will help you deter to determine which legal option is the best option for your loved one.

You and Your Loved Ones are Not Alone

If you or a loved one is in need of a guardianship Kirson & Fuller is here to help.