Lawmakers created the concept of guardianship to protect those who cannot take care of themselves. For instance, the elderly and the disabled are routinely exploited for money and other property. Sometimes, family members claim to care for elderly relatives just to get their monthly checks. There was a recent story in the media about a woman found with maggots in her open bed sores. The woman’s son, who was her caretaker, was arrested for abuse.
Adult Guardianships
A guardianship attorney in Naples, FL helps clients petition the court for adult guardianships. The probate court issues two main guardianships: guardian of the person and guardian of property. Individuals can serve as both, but they must have outstanding credit. Once a petition is filed, the attorney must show evidence that the adult is incapacitated. On the other hand, individuals may appoint a guardian ahead of time using an advance directive.
Guardian Duties
A guardian has several major responsibilities. Mainly, the guardian of the person is responsible for the ward’s health concerns. They make medical appointments and must decide on the course of action for any medical issues. Making medical decisions can be daunting, especially if it involves a serious surgery. Further, the guardian must decide whether the ward enters assisted living or a nursing home. In any event, they are still responsible for the ward if they move into a facility.
A guardianship attorney in Naples, FL may recommend a different individual to serve as guardian of the property. This person is charged with managing the ward’s bank accounts and any other personal property. For example, the guardian must oversee things like rental property and pension accounts. Of course, the guardian can be held liable if money is missing or if funds are invested negligently. That’s why many jurisdictions require guardians of the property to be bonded.
Guardians for Minor Children
Minor children must have a guardian if the parents are deceased or cannot care for them. Often, relatives apply to serve in this capacity. However, relatives are still required to be bonded. If the relative cannot qualify for a bond, a court-appointed guardian will serve. This is important in cases where the minor child has been left an inheritance or life insurance proceeds. The court wants to make sure the money is still there when the child turns 18. For more information, go online and meet with Linde Attorneys.
