Plan For Your Future Care
Ensuring your health and assets will be in good hands.
Guardianship becomes necessary when you are no longer able to oversee your affairs. Ensuring that your future care will fall into the right hands is extremely important. Let us help you assign trusted loved ones who can make rational decisions for your living arrangements, health care, and estate.
Care From Those You Trust Most
Guardianship ensures the right people will be able to care for you when you need it.
Who This Service is For
When a person becomes incapable to take care of his or her own affairs, they can be named a ward to a guardianship so a competent adult can care for the ward. A person appointed only for financial guardianship is called a conservator.
Want to Learn More?
A judge will decide when an adult needs guardianship, not a doctor. However, medical information is important to help the judge decide whether a person is legally incapacitated. Incapacity is measured by the respondent's functional limitations, specifically in their ability to:
- receive/evaluate information
- make/communicate decisions
- provide for food, shelter, clothing, health care, or safety
The incapacity must be proven by clear and convincing evidence.
Any adult may file a petition for care. The petitioner may request a specified choice as guardian. There is a filing fee, but the fee can be waived.
If the court is satisfied that the respondent is incapacitated and that the appointment is necessary, the court will appoint a guardian. The guardian's authority will be limited unless nothing less than a full guardianship is adequate. The court's order will include the guardian's authority, and the letter of guardianship will conform to the order.
The letter shows the guardian's authority to make decisions for the protected person. The guardian will need to provide a copy of the letter to third parties, for example, the protected person's healthcare provider. The guardian should have the court certify at least one copy of the letter.