Welcome back. Today, our lawyer in Raleigh NC is here to talk more about adult guardianship. If you missed the previous blog, visit back with it, before moving on.
Adult Guardianship Information From Our Lawyer in Raleigh NC
In our previous post, we mentioned that when someone is unable to make decisions for him or herself, the court can appoint another person to make those decisions, which is called an adult guardianship. The person appointed is called a conservator. Decisions made by that person are backed by the court.
Below, you'll find more information regarding this situation and when it might be necessary.
How does a judge decide if someone needs a guardian?
Sometimes it is easy to see that a person cannot make decision on his or her own, but in some cases, it may not be clear. If someone is unable to comprehend or communicate clearly due to age-related issues such as dementia or Alzheimer’s, it is obvious. Other people who may have physical or mental limitations may need help with certain aspects of their lives but not all areas.
A judge will need to speak with the person as well as get reports from a doctor and family members. After the preliminary review, a judge could appoint a lawyer to represent the person if the judge is still unsure.
What happens if I am appointed?
If the judge deems the individual unable to care for him or herself and names you the conservator, then you are able to make decisions for him or her. The types of decisions depend on what the judge appointed you to take care of, such as finances, health care, or other matters.
A guardianship is not permanent and can become void if the person becomes capable of making his or her own decisions again. In the case of an elderly person, it is not expected to occur.
However, if someone is incapacitated due to an illness and he or she recovers from it, a guardianship may be terminated.
Be sure to contact our lawyer in Raleigh NC if you have any questions about this situation or feel that you might need to work with us regarding gaining guardianship.
Eldreth and Eldreth | Laywer in Raleigh NC
If you need additional help, reach out to our lawyer in Raleigh NC to ensure that you are creating the best estate plan for your situation.
As always, feel free to contact us with any questions or concerns you may have about estate planning. Also contact us to schedule a consultation if you have yet to start estate planning. It's never too early to make plans for your wishes upon death. In addition, our lawyer is here to help you with all your legal matters, whether it be entertainment law, trademarking, copyrighting, or DWI issues.