Guardianship

Establishing guardianship for a loved one can be a difficult process, especially when they can no longer care for themselves due to age, illness, or disability. Understanding your options and the necessary steps involved can simplify this experience. Access to clear information and support is essential to help you make the best choices for your family member’s well-being.

What is Guardianship?

Guardianship is a legal relationship established by a court that grants an individual the authority to make decisions on behalf of someone who is unable to do so. This includes decisions related to personal care, medical treatment, finances, and other critical aspects of daily living.

Exploring Least Restrictive Alternatives

Before pursuing a full guardianship, it is important to explore less restrictive alternatives. These may include:

• Power of Attorney: Designating someone to make decisions on behalf of the individual while they are still able to make some choices.
• Representative Payee: Appointing someone to manage Social Security or other benefits on behalf of the individual.
• Supported Decision-Making: Providing assistance to help the individual make their own choices without full control being taken away.

Assessing these alternatives can often lead to a solution that respects the individual’s autonomy while ensuring their safety and well-being.

Full Guardianship: When is it Necessary?

In certain cases, a full guardianship may be required if the individual cannot make any decisions regarding their personal or financial affairs. There are two main types of guardianship:

1. Guardianship of the Person: This allows the guardian to make decisions about personal care, medical treatment, and living arrangements.
2. Guardianship of the Estate: This enables the guardian to manage the financial affairs and property of the individual.

If a full guardianship is deemed necessary, understanding the process can help you navigate the legal requirements effectively.

The Legal Process of Establishing Guardianship

The process of establishing guardianship involves several steps, including:

1. Filing a Petition: A legal petition must be filed with the court to initiate the guardianship process.
2. Notice Requirements: Interested parties, including family members, must be notified about the guardianship proceedings.
3. Court Hearing: A court hearing will take place where evidence will be presented to demonstrate the need for guardianship.
4. Guardianship Order: If the court approves the petition, a guardianship order will be issued, outlining the guardian’s authority.

Though this process can be complex, having the right legal support can simplify each step and ensure that your loved one’s best interests are represented.

Contact Springer & Lyle

Choosing the right legal team is important when dealing with guardianship matters. At Springer & Lyle, we offer a straightforward approach, combining knowledge and understanding to help you through the process. Our focus is on assessing your specific needs and working efficiently to achieve the best outcomes for your loved one.

If you are considering guardianship for a family member or need assistance with the legal process, Springer & Lyle is ready to help you protect those you care about most. Call us today at 940-387-0404 to schedule a consultation.