Many families face a crisis when a loved one’s health fails or a disabled child comes of age. How can you best assist and protect your loved one with his or her legal, financial and medical decisions. For those who do not have a Durable Power of Attorney in place, a guardianship proceeding is the only way to legally make decisions for an incapacitated person.
Guardianship is a legal proceeding when an adult can no longer make or communicate safe or sound decisions about his or her person. If the adult can no longer make sound decisions about his or her assets, then a conservatorship would be needed. In most cases, the guardianship and conservatorship hearings are joined in the same proceeding.
When a minor with a disability attains the age of 18, his or parents no longer have legal authority to make personal, financial and healthcare decisions for that individual. A guardianship proceeding is required for the parent or caregiver to maintain rights to make healthcare and other life decisions for the individuals. Otherwise, the state could assume legal authority over your disabled loved one.
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Last Will & Testament
Powers of Attorney
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