Legal guardianship is a serious responsibility and an important part of our society. Those in need of legal guardians are not limited to children. Guardians can be assigned to disabled adults, incapacitated adults and the elderly.
For someone to be designated a guardian they must be over age 18, physically and mentally able and have no prior convictions that might suggest they are prone to dishonesty (bribery, embezzlement, theft, etc). Guardians are often family members or spouses, but can be professionals assigned by the state.
Once a guardian has been assigned their responsibilities include:
● Making financial decisions for the person under their care (the ward)
● Making medical decisions for the ward
● Making sure necessary services are maintained and adequate
● Letting the court know the status of the ward, the services the guardian provided, the ward’s assets and official medical records
Guardians have a large amount of control over their ward’s lives. Sometimes, that power is abused. There have been cases of guardian physical, emotional and financial abuse, which is why choosing the right guardian and fighting back in the case of a bad guardian is important.
If you know a loved one will need a guardian, or are simply assigning a guardian in the case of an accident, you should know the expectations and implications of the role.
Choosing a guardian in the case of an accident is a responsible decision, as it means even if you are incapacitated you still have some control over your life through your guardian. To make your wishes clear, you will want to speak with a family lawyer.
If you or a loved one has a guardian who has been abusing their power or failing at their duties, they are putting their ward at risk and you can fight back. A good family lawyer will stand up for the rights of the ward and will ensure sufficient damages are paid.
Family lawyers are vital to the guardianship process, but are often expensive and inaccessible to those who need them most. That’s why Justice For Me partners with clients and lawyers to create payment plans that are mutually beneficial. We understand that up-front retainers can make hiring a lawyer impossible for many, and we want to help you get the help you need.