GUARDIAN SERVICES

Guardianship is a legal process that places a “guardian” in charge of making important decisions regarding assets, medical treatment, and more when a person can no longer make or communicate their decisions about their own person or property. Guardian Services can be an appropriate solution when a person is susceptible to fraud or undue influence.

It is important to note, however, that establishing a guardianship may take away certain rights from an individual. It is strongly suggested that other options be explored first before settling on guardianship to help prevent any unwanted outcomes.

Once appointed by the Court, a guardian generally becomes accountable for the following: determining and monitoring the residence of the ward, protecting the individual’s assets from loss, appraising property, receiving and managing income of their estate, obtaining court approval to liquidate assets, providing consent for and monitoring of the individual’s education and medical treatment, providing consent for and releasing confidential information pertaining to the ward, making end-of-life decisions on their behalf, acting as representative payee, maximizing their independence, and reporting annually to the Court about the guardianship status.

It is not always a family member or friend who assumes these responsibilities. In some cases, a professional from a guardian services company will be appointed to organize the necessary professional services for the ward, such as selecting a caretaker.

In some cases, a guardianship only lasts until the rights previously removed by the Court are restored to the ward. In others, a guardianship will be in place for the remainder of the ward’s life. No matter the situation, an annual review is provided by the guardian to the Court who then assesses the need for continuing the appointment or terminating the guardianship.

When the Courts appoint a legal guardian, some rights may be eliminated. These can include: determining residence, providing consent for medical treatment, possessing or obtaining a driver’s license, managing/buying/selling property, owning and possessing a weapon or firearm, filing lawsuits, getting married, and voting in elections.

Moreover, all assets belonging to the ward remain in their legal possession. This means the assets do not become the property of the Court-appointed guardian. A guardian acts on behalf of the ward only to the extent of the court order.