Personal Injuries: Basic Knowledge For You

When Mom Or Dad Needs Parenting: Guardianship For The Elderly When They Are Incapacitated

With the baby boomers retiring, the population of older Americans is growing rapidly. If you have a mom or dad that is no longer able to take care of their own needs, you may have to file for a legal guardianship so that you can handle their affairs. Although procedure varies a bit by state, federal mandates ensure that older adults no longer able to take care of themselves are protected by the law. When your mom or dad needs parenting, it is time for you to begin the guardianship process.

The Guardianship Process Begins with Filing a Petition to the Court

The first step in obtaining guardianship of an incapacitated person is to file a guardianship petition. While you may have the experience or the knowledge to fill one out on your own, it is easier to seek the services of a qualified guardianship attorney. The petition is filed with the court, which outlines your concerns regarding the health and safety of the person you believes needs a guardian. This is only the first step, as all people have the right to due process. Other evidence must be presented to the court that defines and explains the alleged issues that the incapacitated adult faces without a guardian in place.

A Physician Will Need to Supply an Affidavit to the Court

A treating physician will need to provide the court with a written affidavit that outlines the reasons behind seeking the guardianship on behalf of their patient. The affidavit will explain the medications they are taking, their prognosis without intervention, and their ability to care for their own needs without any help. The affidavit from the physician is a critical piece of evidence, and without a doctor's consent, the proposed guardianship won't be approved.

After the Paperwork Has Been Filed

Once you have filed the guardianship paperwork, you will be asked to return to court for a hearing date. If the guardianship is of an emergency nature, the judge may order temporary orders until the permanent guardianship is put into place. The judge will either approve or deny the petition, depending on whether you have proven the incapacity of the person in question. If the guardianship is approved, you (or the person named in the petition) become the legal guardian of the incapacitated person.

If you have been approved as a legal guardian, you must act responsibly. It is your job to protect the assets of the individual you are the guardian for, as well as make sound decisions regarding their medical care. When you are ready to file for guardianship of one of your parents, it's time to sit down with an experienced probate attorney (such as David R Webb Attorney) who can guide you through the process.

About Me

Personal Injuries: Basic Knowledge For You

I have worked as a legal office assistant for about 20 years. The office specializes in personal injury claims, and many clients are looking for settlements. I have great compassion for the individuals I see, and most people are looking for money to pay their bills. Unfortunately, insurance claims are difficult and clients often file the wrong paperwork. They don't see many doctors due to costs, and settlement offers are generally low. I know that lawyers can help to raise claims substantially. They know the law and they can offer advice to clients so good results are seen. I want you to learn some basic information about personal injuries, insurance settlements, and the general claims process. Your rights and needs are important, but it's difficult to secure a settlement if you know nothing about the law. Gain some knowledge today, so your personal injury decisions are the right ones.

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