When they can’t make decisions for themselves,
and you have exhausted all the other legal options, it may be time to consider adult guardianship.

How an Adult Guardianship Works

Types of Guardianships
 
The probate court may appoint one of three types of guardians for an incapacitated individual (ward):
Guardian of the person: A guardian of the person handles the personal affairs of the ward. This can include determining where the ward lives, or making decisions about medical treatment.
Guardian of the estate: A guardian of the estate handles the finances of a ward. This can include using the ward’s money to pay bills, buy items for the ward, or place money into trusts.
Guardian of the person and estate: A guardian of the person and estate handles both the personal affairs and finances of the ward. 

​Is this the first step?
 
When a loved one is having difficulty managing their daily lives, finances or medical issues, you should first examine options to assist their situation, such as:
  • ​· Supported decision making,
  • · Have a representative payee,
  • · Establishing a Health Care Power of Attorney,
  • · Creating a trust,
  • · Drafting a Durable Power of Attorney,
  • · Develop a Living Will,
  • · Open joint checking account.

In some cases, these actions may not truly protect the incapacitated adult.

What would indicate a Guardianship is
necessary?

If an adult has a mental or physical disability and cannot manage or care for themselves or their property, and may be in danger of:
  • · Suffering property loss, or
  • · Being taken advantage by someone, or
  • · Being abused by someone, or
  • · Substantially endangering their own health.
How can I best help a vulnerable loved one? What legal protection does our loved one need? What if I need assistance in negotiating the complex guardian requirements?
Hanahan & Hinton, LLC attorneys understand your worries about the providing for the best interests of your loved one. We are here with your free consultation and to answer your questions. Call us (440) 255-7711.