A Guide to Adult Guardianships: How They Work And Why They’re Necessary

by | Jul 22, 2019 | Attorney

No one looks forward to the day when a loved one can no longer handle his or her own affairs. If that time has come and a family member needs help, it’s time to think of guardianship. Understanding the process makes the decision easier, and here are some important facts.

How Guardianships Are Established

The creation of guardianships requires the court’s intervention. During the process, a person will be chosen as the incapacitated individual’s (or ward’s) guardian. They will be given the authority to assume control of the individual’s personal and financial affairs. Though the court has discretion, in most cases, a spouse, adult child or sibling is chosen. Consult a guardian attorney in Baraboo for more details.

The Guardian’s Duties

A guardian’s primary duty is to manage the individual’s safety and welfare. Their actions must always be in the person’s best interest, and to ensure that, the guardian must file a court petition to gain the ability to make certain decisions. A guardian must also make periodic reports on the ward’s status and affairs. An attorney can provide more specific information.

Guardianship Advantages for All Involved

A guardianship may benefit a ward in numerous ways. Court supervision is a major advantage, as it prevents financial mismanagement. Another benefit is that a court-appointed guardian has the authority needed to deal with reluctant third parties.

When Is an Adult Guardianship Appropriate?

In many instances, the first sign of mental decline is memory loss. If a loved one seems disoriented or extremely forgetful or if they can no longer care for themselves, it might be time to plan for a guardianship. Though it’s preferable to take care of a person without getting the court involved, it’s not always possible. Discuss the situation with a guardian attorney in Baraboo who can provide unbiased legal advice.

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