Often as adults enter their elderly years, they lose the ability to completely care for themselves. Sometimes this happens in the way you expect. Other times, it may result in small issues - someone not being able to dress themselves, or forgetting to pay their bills as they function fine in other ways. It may also happen as the result of an illness or an adult with special needs. How can they be cared for?
Most people who can no longer care for themselves in some way need a guardian. When you think of “guardianship,” you probably think of legal guardians for children without parents. However, plenty of adults have a legal guardian established in their lifetime. It means that someone else bears the legal responsibility to take care of them. It is an important process for those who need it.
Unfortunately, guardianship proceedings can be costly and complex if they are not properly prepared for. Proving that someone needs a legal guardian in court involves a medical examination and testimony. It also is not assumed that someone will be named the legal guardian just because they are the immediate family of the person who needs it. The potential guardian also has to prove their ability to handle the role. At the end of the entire process, the person needing the guardian (often referred to as the “ward,” even with adults) is stripped of all their legal rights.
If that sounds like it can get complicated quickly, it’s because it can. Here’s the good news: it doesn’t have to be like that. With a little bit of preparation and foresight, the legal guardianship process can go so much more smoothly. When you know that someone will soon need a legal guardian and are able to make proper preparations for it, the court process will involve less back and forth and work much faster.
Of course, the benefits of legal guardianship far outweigh the technical difficulties of the process. For many adults, having a legal guardian is the only way that they can continue living comfortably. Using a legal guardian to avoid entering a nursing home is also a top priority for many people.
At Miller Law Firm PC, we have assisted many families through the guardianship process. We know it can be a complicated time - especially for those who are caught off guard by it. We know how to get you the help that you need. For help with any stage of the guardianship process, contact Miller Law Firm PC today! We work to protect your family and your legacy.
