GUARDIANSHIP

Unfortunately not all adults are able to care for themselves due to factors ranging from dementia to physical accidents to mental disorders. In many cases, before becoming incapacitated an individual established a durable power of attorney. But without a well-drafted power of attorney, an unexpectedly incapacitated person may desperately need a legal caretaker.

Also, as children with special needs transition from childhood to adulthood, they mature into adult responsibilities that they may not be able to face on their own. Handling their finances, filing taxes, making decisions related to food, clothing and shelter may leave them quite vulnerable.

In some cases, it becomes necessary to petition the courts to name a guardian to care for them when they are no longer able to do so themselves. Guardianships of the Person are usually limited in scope and permit the guardian to make decisions on behalf of the individual including where they will live, medical treatments, and making end-of-life decisions. The courts may require the guardian to make yearly reports to ensure they are doing their best to care for the individual while also protecting the individual’s autonomy.

Bluegrass Elderlaw PLLC is highly experienced in the establishment of guardianships and can help make this difficult process as manageable as possible for you and your loved ones.

If your family is facing guardianship,

For more information about guardianship, check out our blog:

Legal Essentials for Parents: Navigating Guardianship and Education Planning, posted 2/5/2024

Guardianship Basics, posted 3/5/2020