Guardianship

When a relative or loved one is having difficulty taking care of him or herself, it may be necessary for someone to obtain legal permission to help. This is done through the probate court, which is responsible for appointing guardians for incapacitated adults and minors who cannot make important decisions about themselves on their own. The guardian is a legally appointed individual who makes decisions regarding the person's health and personal life, such as whether to receive a certain medical treatment. This person is appointed to protect an individual's interests when he or she cannot do so themselves. In these cases, a judge must decide whether the person in question has a mental, physical, or legal limitation which warrants the need a guardian to be appointed. 

An adult may need a guardian when the person in question loses the ability to take care of him or her self and make informed decisions, usually due to incapacity or illness. Incapacity can occur when an individual is impaired for reasons including, mental illness, mental deficiency, physical disability or illness, or some other cause. The extent of power or control given to a guardian can vary based on the level of incapacity. If the individual is only partially incapacitated, in that they can still perform certain necessary tasks, a limited guardian may be appointed. In this case, the guardian is only given the rights, powers, and duties specifically listed by the court. A full guardian, however, has complete control and care over an incapacitated individual. 

Guardians may also be appointed for minors, in usually in the form of full guardianship, in which case the guardian for has the same powers and duties that a parent has over their children. Guardians may be appointed for minors in cases where the child loses their parents, has parents who are unable to provide the necessary care for the minor, or if a caregiver is needed to take care of a child with special needs. 

 The guardianship process can be initiated either by the individual who needs assistance or by someone concerned about that person’s well-being. To begin, a petition outlining the reasons for the guardianship must be filed with the probate court in the county where the individual resides or is currently located. After the petition is submitted, the court will schedule a hearing where a judge will decide if a guardian is necessary. This legal process can be emotionally challenging and may involve legal disputes or difficulties obtaining guardianship. At Squires Estate Planning, we are committed to supporting you throughout the guardianship process, offering the legal guidance and assistance you need every step of the way.