This week we will continue our discussion on Guardianship and Conservatorship. They are two separate powers that can be sought together in one petition or individually if only one is needed. Let’s discuss guardianship in depth
What are the powers of a Guardian?
Guardianship gives the guardian the right to manage the ward’s health and welfare and to change the ward’s domicile (establish a residence). A guardian has simple reporting requirements to the court. Within 60 days after being appointed and then yearly thereafter, the guardian must file a Personal Status Report, updating the court on the ward’s health and welfare. Our attorneys walk you through every step of the process.
Alan and Sandy – an Emergency Guardianship
Last week we shared details of a real-life case we recently had at Hurley Elder Care Law. You might remember Alan is widowed and is re-married to Sandy. Over time, their house became a mess and infested with bugs. Alan’s daughter, Mary, realized the condition of the home and that it was uninhabitable. Mary also realized Sandy was not taking proper care of Alan’s health. Mary decided she needed the power to manage her father’s healthcare and to establish a safe and healthy environment. Because a Petition for Guardianship can take 2-4 months before it reaches the court for a hearing, Mary decided her father’s heath was in immediate danger if Sandy was allowed to continue managing his care. So, she decided to file for an Emergency Guardianship. The Emergency proceeding takes only 5 days from filing until the hearing. However, it only lasts for 60 days so you must also file Petition for Permanent Guardianship.
After the emergency hearing, the Judge appointed Mary to be Alan’s emergency guardian. Mary was able to place her father in a wonderful assisted living facility (where he and Sandy could reside) near Mary’s home and near his doctors. She was then able to schedule his cardiac rehab, and appointment with his other healthcare professionals. Once dad was in a healthy environment and getting the care he needed, his health and mood began to improve.
The guardianship quickly helped Alan’s living situation and health, but it didn’t solve the issue of Alan’s finances. What next steps did Mary take to make sure her dad’s bills were paid, the house was repaired, and Sandy could not take advantage of his money?
The team at Hurley Elder Care Law assists families with difficult situations and family dynamics daily. Please feel free to call us at 404-843-0121 to learn about different available options.
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