Things to Know About Incapacity and Guardianship

Things to Know About Incapacity and Guardianship

Incapacity and guardianship. A court may appoint a guardian for an individual with incapacity due to a mental or physical condition. The process of guardianship aids in ensuring that the incapacitated individual shall be taken care off. The guardian can manage the individual’s financial affairs and health welfare.

Incapacity and Guardianship

Incapacity may include different short term or severe health and physical condition. This incurs limitations to one’s ability to live independently and make their own decisions. With this, an incapacitated individual can acquire guardianship.

The incapacitated individual is called a ward. Guardianship provides the ward a facility to make their decisions through a selected guardian. Nevertheless, the ward can still control certain areas in their life where they have the capacity to do so.

Granted Control on Guardians

The appointed guardians can only make decisions in behalf of the ward on the areas of incapacity. The control  granted to the guardians for the ward include:

  • Establishing decisions on financial and medical areas
  • Maintenance of medical and educational services
  • Submitting of the condition of ward to the court
  • Assuring the maintenance and availability to guarantee the ward’s health care

In general, the guardians slightly micromanage certain areas in the life of the ward. Once the ward does not have the capability to make their own decision, the guardians come in the picture. They offer decisions and consent on behalf of the ward but limited only on the area of incapacity.

Filing for Guardianship incapacity and guardianship

When you are filing for guardianship, there are some activities that you need to complete. Here is a quick guide on how you can file guardianship for incapacitated individuals.

 

  1. File a petition to your county identifying the respondent or ward and nominated guardian.
  2. Pay for the fees in citation ad servicing of the process
  3. Wait for the appointment letter which shall be provided to you upon confirmation of guardianship

Furthermore, guardianship is a strict process. Multiple documents  are needed. Also, expect to pay several fees. It may also take some time so you shall need patience. Furthermore, you can acquire service providers which can guide you in the process.

Lastly, if you want to prepare for potential incapacity or disability, there are options which allows you to appoint your guardian. By preparing proper documents such as a probated will, you can select your own guardian. With this, you need not to worry about the court appointing a guardian you do not trust.

Sources:

http://family.findlaw.com/guardianship/guardianship-of-incapacitated-or-disabled-persons.html

http://www.mass.gov/courts/selfhelp/guardians/guardian-ip-where.html http://www.huffingtonpost.com/brad-reid/a-legal-introduction-to-g_b_8282276.html