Stuff in the ‘guardianship’ Category
The Rights of Persons Under a Guardianship
Guardianship can be a critical component of special needs planning, as individuals with severe disabilities who cannot manage personal and financial affairs may need guardians upon turning 18. Legal Guardianship for Adults with Disabilities When children with significant cognitive or developmental disabilities become legal adults, their caregivers may lose the lawful ability to help with […]READ POST »
When Does a Person Lack Capacity in a Guardianship?
The guardianship of an adult, in which a judge appoints an individual to make choices for a person over 18, is appropriate when the adult lacks capacity. Capacity is a general legal term that refers to a person’s cognitive ability. For instance, when people lack capacity to make a will, they cannot execute a valid […]READ POST »
How Do I File for a Guardianship?
No one wants to see a loved one become unable to make decisions for him or herself. If this happens, however, the court may appoint a substitute decision maker, often called a “guardian,” but in some states called a “conservator” or other term. A guardian is only appointed as a last resort if other, less […]READ POST »
How Can You Transfer a Guardianship Between States?
When an incapacitated person cannot make personal or financial decisions, state courts may appoint a guardian to assist the individual with determining where to live, what kind of care to receive, or how to manage finances. In some cases, guardians may wish to move their ward — someone whom a court has found need a […]READ POST »
