Guardianship Orders

An incapacitated individual cannot handle his or her own personal affairs, typically placing this burden on a loved one. These guardians can apply for legal authority over their wards through an order of guardianship or conservatorship. These orders allow guardians to exercise power over their incapacitated loved one’s medical, legal, and financial matters.

A guardianship can only be applied for in certain situations. In particular, a person must be legitimately incapacitated before another individual can become a guardian. In many cases, this includes a variety of different types of mental disorders that lead to a person’s inability to make decisions. This can include various psychotic disorders and disorders such as Alzheimer’s disease. Other individuals may become guardians if they are watching over extremely depressed or suicidal people who may not be capable of making medical decisions for themselves.

Guardianships are generally not used for those with developmental disabilities. These individuals are considered aware of their decisions in many instances, allowing them to retain many of their basic decision-making rights.

Guardianships are not always appropriate for estate planning scenarios. Many times, these specific orders do not apply to a person’s estates, but their actual, personal well-being. Depending on the circumstances of a person’s incapacitation, certain legal options may need to be pursued other than guardianship orders.

If you need legal assistance because of a family member’s recent incapacitation, we may be able to help. To learn more about your options in these situations, visit the website of the estate planning lawyer today.