When an elderly person becomes unable to care for him or herself, a guardian can be appointed to make decisions regarding his or her best interests. It is usually the child of the person, another relative, or even a close friend. Guardianships were designed to protect people who, for various reasons including age, mental ability or other incapacities, are unable to make their own decisions. Our attorney in Raleigh NC is here to talk more about this subject.
Guardianship for Seniors | Attorney in Raleigh NC
In the case of the elderly, the person has usually developed dementia, Alzheimer’s or another disease that has caused them to have limited mental capacity. It can be a sad situation to deal with for the children or family of the elderly person but it is important to make sure he or she is protected during this last period of life.
A judge must deem the person incapacitated in order for someone to be named guardian. The specifications that deem incompetency vary from jurisdiction to jurisdiction but the basic guideline is that the person cannot make informed, logical decisions on his or her own. However, there can be some cases where a person can decide for himself some things, such as personal affairs or medical decisions, but may not be able to make financial decisions. In those cases, the guardian is given oversight in some areas but not all.
When creating an estate plan, a person can factor in what may happen to them as they age and plan to have someone appointed to take care of their estate as well as make decisions on their behalf should they start to show signs of dementia, or should they become incapacitated due to another illness. This can ensure that they are protected and that their wishes will be carried out even when they are no longer able to express them.
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If you need additional help with estate planning and more, reach out to our attorney in Raleigh NC to ensure that you are creating the best 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.