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Guardianships Help You Protect Your Loved Ones

During times of incapacity, long-term illness or disability, sometimes it becomes essential to have a guardian appointed to allow for the continued care and maintenance of a loved one. The appointment of a guardian creates legal authority for that person to make personal care, health care, mental health care and limited financial decisions for the person or loved one who needs assistance.

Guardianship issues may be resolved while addressing family law matters or estate planning processes. The court will determine whether the person or loved one needs a guardian and if such an appointment of a guardian is in their best interests. If so, the guardian gains the necessary authority to make decisions that serve that person’s personal, medical and limited financial needs.

Generally, there are two circumstances that may require the appointment of a guardian:

Vulnerable/Incapacitated Adults

These guardianship cases are filed in probate court. A vulnerable or incapacitated adult is a person examined by a medical doctor who has determined that the adult lacks sufficient capacity to make important decisions (i.e., personal, medical, financial) for themselves. In these circumstances, the vulnerable or incapacitated adult may have recently developed a condition or experienced an escalation of a condition, which contributes to a decline in their abilities to care for themselves.

This guardianship process also applies to adolescents reaching the age of majority (18 years) who were in the continued care of their parents due to a lifelong disability, and lack the ability to provide for themselves and the capacity to make personal, health and financial decisions for themselves. In these instances, it is essential for the guardianship appointment of parents or legal guardians of the child reaching the age of 18 to maintain the continued control and decision-making authority for the benefit of that incapacitated young adult.

Vulnerable Children

Juvenile court accepts cases for guardianship requests involving children under the age of 18. Within the scope of a juvenile guardianship, the child in need of a guardian may be without a parent due to death, abandonment or loss of parental rights. The authority of person seeking guardianship may be granted by the consent of biological parents or prior guardians, appointment in a will or permission granted through child protective service channels.

If the juvenile court deems that it is in the child’s best interest to have a guardian appointed, the guardian gains the authorization to make personal care, health care, educational and financial decisions for the minor.

Professional Guidance To Understand The Important Role Of Guardians

At Lincoln & Wenk, PLLC, we are committed to aiding our clients to fully understand the important role of a guardian, for both adults and minors. Our dedication to professional and personalized service provides our clients with a tailored strategy to understand and implement a guardianship for the benefit of their loved one. We can also assist when a conservatorship is a better option for your loved one.

Please review our testimonials to learn more about how we take care of our clients’ needs.

We Can Represent You Throughout Securing A Guardianship

For effective representation that can help you secure the outcomes you need in guardianship proceedings, turn to Lincoln & Wenk, PLLC. To schedule an initial consultation, call 623-748-4890 or contact us online.