Gurdianship Information
To Determine If a Person Can be a Guardian or a Conservator, the Court Will Take Note if:
- The person filing will meet the wants and needs of the ward
- The person filing plays an important role in the ward’s life
- The ward's family supports the court's choice in making the assignment of guardianship
Elderly Guardianship / Conservatorship
At one point or another if your parents are elderly you will have to deal with real estate management and elderly legal terms. You will need to educate yourself on laws relating to specifications and insurability of the power of attorney, guardianship, and other aspects regarding wills and living wills.
It is recommended to speak with a lawyer who specializes in laws involving the elderly. Legal advisors can take potential guardians through the whole process and can help answer important questions regarding elder law issues and financial management.
Elder Law Types
There are three different categories of elder law;
- Medical care for the elderly which is a government sponsored program in the United States. It was enacted in 1965.
- Estate Planning
- Guardianship Law
Finding a Guardianship / Conservatorship or Elder Law Attorney
While searching for a lawyer, it is important to look for one that specializes in
Guardianship or Conservatorship Law and is familiar with the following;
- Restoration of legal rights and the removal of a legal guardian
- The process for the determination of a sound mind
- Working with people who are found to be incapacitated
- Planning for Incapacity to avoid the need for guardianship
Definition of a Minor
If a person is younger than 18 years and has never been married, they are considered a minor. A minor is also a person who has not yet had their disabilities of minority removed by judicial action as well. The minor would automatically be defined as an incapacitated person.
Definition of an Incapacitated Person
If an adult is incapable due to a physical or mental condition, and;
- Is unable to provide food, clothing or shelter for themselves
- Is unable to care for their own physical health
- Is unable to manage their own financial affairs
Must have a guardian appointed to receive funds due sent from a governmental source
This would more than likely be enough to consider someone incapacitated. State laws should be checked and verified.