Guardianship is a court process that allows one person or entity to make decisions for another (the ward). Courts are tasked with establishing guardianships, and they typically appoint guardians in instances of incapacity or disability.
If a loved one becomes incapacitated suddenly or as a result of an extended illness without proper estate planning documents in place, there may be no person with the required legal authority to make decisions on their behalf.
Under a power of attorney, an individual decides who will assist him or her with important decisions and the management of his or her own affairs and delegates that authority in a written document(s) without a court proceeding. In guardianship, the court decides who will be responsible for managing a person’s affairs and/or property. The court could appoint a non-family member as a guardian. It is important to plan ahead, as a guardianship should only be considered when no other alternative is appropriate.
Guardianship is a complicated process and the assistance of an attorney is strongly recommended. Call our office today to schedule your consultation: (386) 265-0900. We are available 24/7 to help you and your family.