Guardianships are a way to protect adult loved ones from harming themselves physically or exposing themselves to exploitation due to their mental incapacity. When an individual establishes a guardianship for his or her loved one, he or she becomes completely responsible for the loved one. A guardian’s job is to make decisions on his or her loved one’s behalf that preserve the greatest level of dignity and independence possible for the loved one while ensuring his or her safety and financial solvency.
If you are not sure whether establishing a guardianship for your loved one is the right choice, speak with an experienced guardianship lawyer about the unique challenges you and your loved one are facing. Your lawyer can discuss your options and their effects with you to help you make your decision.
Your Loved One is at Risk of Being Exploited
When you establish a guardianship for your loved one, you take on the role of managing his or her finances. If you fear your loved one is at risk of being financially exploited by a third party, becoming his or her guardian enables you to make financial decisions on his or her behalf.
To Avoid Conflict Among Family Members
By establishing yourself as your loved one’s legal guardian, you can eliminate conflict among your family members regarding the loved one’s care and potentially prevent future conflicts regarding where the loved one will live, who will spend time with him or her, and the type of care he or she receives. These can all be sensitive issues and if there is no clear authority established, family members can easily overstep boundaries and create rifts.
If your Loved One Does Not have a Medical Directive or Power of Attorney Established
You might think that your loved one’s medical directive or power of attorney instructions have all of his or her needs covered. They might, but they also might not cover everything, leaving gaps that could put your loved one in a precarious position. Go over your loved one’s medical directive and power of attorney documents with your lawyer to determine if authority over any issue is not currently determined. For example, your loved one might have established that a relative has financial power of attorney for him or her, but he or she might not have determined who holds personal power of attorney. In this scenario, nobody has the authority to determine where the individual will live or make other choices related to this issue.
Work with an Experienced Winter Park Guardianship Attorney
If your loved one is not capable of making financial, medical, or personal decisions for him- or herself, consider establishing a guardianship to protect him or her. To learn more about what an adult guardianship entails, how to establish one, and the rights of both the guardian and the incapacitated individual, contact experienced guardianship attorney Aubrey Harry Ducker, Jr. of The Law Offices of Aubrey Harry Ducker, Jr., PLC to schedule your initial consultation in our office.