In the event that a loved one becomes unable to care for themselves, you may need to get a legal guardianship for them. However, this situation is not an absolute certainty, and with the right preparation, you may avoid the need for a guardianship entirely. But how can you avoid a guardianship, and why might you want to in the first place?
What is a Guardianship?
A guardianship is a type of legal relationship that can be put in place by a court to ensure someone is cared for when they cannot care for themselves. One person, known as the guardian, is given legal authority over another person, known as a ward, who is made responsible for ensuring that person’s needs are handled. As part of this arrangement, a guardian has the authority to make legal, financial, and medical decisions on their behalf, which allows them to do things like sign documents, pay bills, and authorize medical treatments.
Why Might You Need to Obtain a Guardianship?
There are numerous reasons that you may need to obtain a guardianship for someone. For example, a child who is left without a parent to care for them may have a guardian appointed to watch over them, and someone with a severe physical or psychological disability may have a guardian appointed to care for their needs. In addition, someone may have a guardian appointed if they are elderly and suffering from dementia, or another similar condition that prevents them from caring for themselves.
Why Might You Want to Avoid a Guardianship?
While guardianships are useful, they also come with numerous issues. Because they are put into place by the court, a guardian must report to the court about the welfare of their ward, including a complete accounting of all expenses. In addition to being costly and time-consuming, it can result in serious legal consequences if anything is found to be wrong as part of these mandatory reports.
What Can You Do to Avoid This?
The best way to avoid needing a guardianship is to have other measures in place, so you do not need to go to the court for protection. This means having advance directives in place like a healthcare proxy or power of attorney, which allows you to circumvent the need to go to the court to appoint a guardian. However, making sure you have everything you need in place can be complicated, so you should speak to a lawyer with experience handling estate planning matters, who can help you with your case.
The guardianship law attorneys at David J. Lorber & Associates, PLLC will work with you to determine whether a guardianship might be necessary for your loved one, and help you to get a guardianship that will suit your needs. For comprehensive guardianship and elder law services in New York, call David J. Lorber & Associates, PLLC at (631) 750-0900 or contact us online to schedule a free consultation at our Setauket office.
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