Legal guardianship is established when a person petitions their local court to let them act on
behalf of a loved one who cannot make decisions independently - such as a minor or an elderly,
incapacitated individual. Laws vary by state, but those petitioning for guardianship of a loved
one usually choose whether to provide oversight for their loved one’s medical and personal
decisions, financial decisions, or other legal issues.
If an older or incapacitated adult in your life is no longer making sound decisions, guardianship
allows you to act on their behalf. You can then make suitable decisions on financial accounts or
healthcare and avoid other activities that might harm your loved one.
Guardianship may be necessary to ensure your parent or another family member:
- is safe from abuse, neglect, or fraud
- receives necessary long-term care
- has the highest quality of life possible
- obtains necessary medical care and treatment
- is protected from financial exploitation
Naming a guardian and going through the legal process is not something to take lightly. If you
are considering whether guardianship is necessary for your loved one, consider discussing your
case with a lawyer.
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