Understanding Guardianship for Incapacitated Individuals
What is a Guardianship and When is it Necessary?
The Legal Relationship between a Guardian and a Ward
If no proper estate planning has been done and no one has been given power of attorney or health care power of attorney, a guardianship may be necessary.
This is a legal relationship where one person, ideally a responsible, capable and caring person known as a guardian, is given the legal power to manage the needs of a ward, the person who cannot manage their own affairs. This is usually supported through a court process, requires a medical assessment and comes before the probate court for a hearing.
Powers and Responsibilities of a Court-Appointed Guardian
Tailoring a Guardianship to Meet Specific Needs
Limited or Expanded Powers of a Guardian as Deemed Necessary by the Court
The Importance of Court Supervision in Guardianship
The Duration of a Guardianship and its Termination
Factors Leading to the End of a Guardianship Relationship
Guardianship as a Last Resort for Incapacitated Individuals
The Significance of Estate Planning and Powers of Attorney in Avoiding Guardianship
Reference: The Westerly Sun (Sep. 19, 2020) “Legal Corner: A guardian can be a helpful tool in cases of incapacity”
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