The guardianship process is complex, expensive, and often humiliating to the older adult. Most times, guardianship is also avoidable. Plan ahead to avoid guardianship. Whenever possible, guardianship should be avoided. The most effective way to avoid guardianship is to plan ahead. Sine there is…
Category: Guardianship
Guardianship Mistakes: Misunderstanding the Basics
Caring for an older adult with dementia or other serious illness brings on a whole new vocabulary and issues to learn about. Understanding guardianship and the legal rights of surrogate decision makers is usually at the top of the list. “What is the difference…
Understanding Guardianships: Annual Reporting
After the probate court appoints a guardian over a ward, the court stays involved in the ward’s care to supervise the ward’s affairs and monitor the actions of the guardian. Guardians must provide regular reports, known as Personal Status Reports, to the court to keep…
Understanding Guardianships: The Uniform Guardian, Conservatorship & Other Protective Arrangements Act
Last July, the Uniform Law Commission (ULC) adopted a new act to help states reform their current guardianship laws. Guardianship laws are complex, and they, like all laws, need updating. The ULC last issued a Uniform Guardianship and Protective Proceedings Act in 1997. Their current…
Understanding Conservatorship: Protecting Loved Ones From Scammers
“My dad has early stages of dementia. He hasn’t been diagnosed, but we’ve been noticing some major changes over the last year and a half. My mom just discovered that he’s been taking out thousands of dollars from their checking account. When asked about it,…
Can a Guardianship be Reversed?
“I think that my mom was wrongly appointed a guardian. She has trouble talking and being understood, but she is not crazy or demented. What can I do?” Although rare, there are times when a person has inappropriately been deemed incompetent. Fortunately, the probate courts…
Understanding Guardianships: How long do guardianships take to get? How long do they last?
Each county has a Probate Court that handles their resident’s guardianship hearings. Generally speaking, it can take over a month to complete the entire process of filing, serving, evaluating, and holding the hearing to have a guardian appointed. The length of time really depends on…
Understanding Guardianships for a Special Needs Child
In the eyes of the law, every child becomes an adult on their 18th birthday. This milestone can cause anxiety for many parents, especially the parents of special needs children. Up until their 18th birthday, parents (as the legal guardians of their children) have the…
Understanding Guardianships: There are Risks with Pursuing Guardianship
The decision to pursue guardianship should not be taken lightly. There are real risks with pursuing guardianship: -The guardianship process requires you to say things about your loved one in open court and often in front of your loved one. Telling a judge that you…