Examples of How to Become a Legal Guardian.

From Our “Ask a Question” Mailbag: “Please give me Examples of How to Become a Legal Guardian.”

Guardian Attorney, Flora Novick

Examples of How to Become a Legal Guardian:

Becoming someone’s legal guardian is a serious step. Becoming a guardian means that a judge must determine that the person is incapacitated. The process is precise, as removing a person’s rights to act on their own is a serious matter. Further, the guardian process often raises complex family issues. The process is made more comfortable with the advice of an experienced Guardian Attorney.

Guardian of the Estate.

Mr. Philadelphia is in his 90s. Though he lives on his own, prepares his food, and meets with his friends, he is having financial problems. His checking account is not balanced, and checks are bouncing. He has failed to pay his utility bills.  His son, Camden, has been forced to step in to prevent electricity from being turned off.  A large sum of money disappeared from Mr. Philadelphia’s account, and he couldn’t remember where the money went. Camden discovered Mr. Philadelphia was an elder scam victim.  Mr. Philadelphia’s confusion has reached the point where he does not understand his assets’ location, nor a power of attorney’s significance. When he discovered the missing funds from his bank, he called the bank and told them he thought Camden might be stealing from him.  The bank reacted by ceasing communications with Camden.

Camden can have his Guardian Attorney file a petition for Guardian of the Estate.  A Guardian of the Estate is a judge appointed person.  The Guardian of the Estate has the power to manage an incapacitated person’s assets.

Guardian of the Person.

Mrs. Burlington has Alzheimer’s. The disease has progressed. Mrs. Burlington confuses her children’s names.  She cannot remember her assets and can no longer write her checks. She failed to have a power of attorney drafted, so her children have no power to manage her assets. Further, her doctors are reluctant to give out Mrs. Burlington’s medical information. 

The children can have a Guardian Attorney file a petition for Guardian of the Person. A judge appoints a Guardian of the Person over a person who can no longer mange day-to-day activities. If the judge believes that Mrs. Burlington is incapacitated, she will appoint one of the children as her Guardian of the Person. This child then has the power to access Mr. Burlington’s medical and financial information.  Furthermore, the Guardian of the Person can move Mrs. Burlington to a managed care facility, sell her home, and pay her taxes and other bills. 

Follow this link to learn more about How to Become a Legal Guardian.

In Conclusion: Examples of How to Become a Legal Guardian.

I hope these Examples of How to Become a Legal Guardian were useful. We are always happy to brainstorm with you about your own, unique situation. 

Let our Guardian Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our Guardian Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

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