We work closely with clients through the process of identifying and appointing an appropriate individual to care for your loved one.

Protect an Incapacitated or Disabled Loved One by Establishing a Guardianship

Despite the many benefits of planning ahead in so many areas of life, many of our loved ones will not properly do so. Unfortunately, with the absence of a plan, if a loved one becomes incapacitated or unable to make decisions for themselves, intervention is required in order to take control of their medical and financial affairs. In the absence of a Health Care Power of Attorney and a Durable General Power of Attorney, a Guardianship is often the only other option.

Why Create a Guardianship?

A Guardianship is a protective arrangement established by the court on behalf of an incapacitated individual or a disabled adult child. Frequently, family members will produce a Guardianship on behalf of older adults who have lost mental capacity due to conditions such as senile dementia, major strokes and severe mental illness. In these cases, loved ones are required to file appropriate paperwork with the court and request that a family member or close relationship be appointed and empowered to make decisions on behalf of the incapacitated family member. This is also true for developmentally disabled adults.

Once emancipated at the age of 18, a Guardianship is necessary for a parent to continue making medical and financial decisions on behalf of their disabled adult child.

There are many benefits for designing a Guardianship. This planning tool may help to:

  • Protect the well-being of a loved one by ensuring that the appropriate person is legally appointed to make medical decisions on his or her behalf
  • Protect the assets of a loved one by ensuring that funds are properly used on his or her behalf, and not unwisely spent.
  • Provide peace of mind.

Life requires planning…how we can help

At Fendrick Morgan, we have successfully handled many Guardianship proceedings for both incapacitated and developmentally disabled adults. We have helped countless number clients with both types of Guardianships:

  • Guardianship of the Person
  • Guardianship of the Property

The Guardianship of the Person is responsible for making personal and medical decisions on behalf of the mentally incapacitated individual. The Guardian of the Property, however, is responsible for making financial decisions on his or her behalf. Though there may be a Guardian for each, one individual may serve as the Guardian for both person and property.

Designing a Guardianship that addresses all the necessary components to protect and provide for your child or loved one can be extremely stressful. A Fendrick Morgan lawyer can work alongside you through the process of identifying and appointing an appropriate Guardian for the individual, enabling him or her to make personal, medical and/or financial decisions.

Contact us today if your loved one is without a Life Plan, has become incapacitated or unable to make his or her own decisions.

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The Certified Elder Law Attorney (CELA) certification has frequently been referred to as “the gold standard” for elder law and special needs practitioners.