Legal Guardianship is used when a person is unable to make or make sound decisions about themselves personally or their property. These same persons can likely be or already have been a victim of fraud or undue influence. Although a guardianship may limit a person’s rights considerably, establishing a guardianship should be used after other actions have failed or are no longer available.
In the event a legal guardianship may not be totally necessary there are some alternatives you may want to consider that will still protect your loved one:
- Establish a Trust
- Appoint a case/care manager
- Open a joint checking account
- Draw up a living will
- Have a durable Power of Attorney for property established
- Have a durable Power of Attorney for Health care established
Some rights of the elderly which may be affected once a guardianship is put into place:
- Medical treatment consent
- Making End of Life Decisions
- Enter into a contract
- Possess a driver’s license
- Selling Property
It is always best if the guardian consults with the individual to make any decisions that affect that person if they are still able to make sound rational decisions. However sometimes, the guardian must make the decisions themselves if your loved one is no longer able to participate. The guardian should always take into consideration the individuals wishes if they are known.
Let’s start the conversation about when is the best time to consider establishing legal guardianship for your loved one. For more information on reviewing your goals for Long Term Care as part of your Estate Planning, contact Daniel A. Baron of Baron Law today at 216-573-3723.