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.
Adult Guardianship | Estate Lawyer Cary NC
Below, you'll find information about adult guardianship. If you need help or have questions, contact our estate lawyer in Cary NC.
When is adult guardianship necessary?
If someone has lost his or her ability to communicate clearly or comprehend basic ideas due to an illness or age, he or she is not able to take care of things such as finances, medical decisions or other personal affairs.
If he or she does not have a power of attorney or a medical directive in their estate plan, appointing a conservator of the estate would be a good idea in order to protect his or her interests. Even if he or she has detailed instructions as to who will make financial and medical decisions, there could still be a need for someone to help with personal decisions and daily life.
It can be difficult to see someone in that state, but it is important to make sure he or she is taken care of so that financial and health matters do not fall by the wayside. He or she could end up with financial troubles if those affairs are not handled by someone. If he or she becomes hospitalized, his or her health could be jeopardized if no one is there to advise physicians.
How do I become someone’s guardian?
If you have a loved one who needs to have a guardian appointed and he or she has not outlined who they would choose in an estate plan, you can apply for guardianship. First, a petition must be filed with the local court that explains that the individual named is not able to care for him or herself. That person will be notified of the hearing and has the right to have an attorney present. The judge will decide whether the person is able to function without a guardian.
For more information, be sure to visit back with our next blog post. Our estate lawyer in Cary NC will offer additional details about this situation.
Eldreth and Eldreth | Estate Lawyers Cary NC
Estate planning is important. It’s a way to ensure your loved ones are cared for after you’ve passed. It’s also a way to distribute your belongings to specific loved ones as well. It’s important that one not pass without this document. Doing so can result in a court case that will leave your loved ones stuck in probate court. This could be not only time consuming but expensive as well.
Regardless of whether you're married, single, wealthy, childless or a parent, it's important for all adults to have an estate plan and the proper documents in place at the beginning of each year. If you're ready to begin planning your estate contact our estate lawyer in Cary NC, today.