For some individuals‚ legal protection by the appointment of a Guardian is necessary in order to protect them from harm. The need for a Guardian often occurs when an individual is either born with a psychological disorder such as severe Autism or Downes Syndrome or has suffered from a traumatic illness such as a stroke or severe dementia, rendering them incapacitated. If the incapacitated person has not planned properly by executing directives, such as a health care proxy or power of attorney, then they often are left with no one in place with the legal authority to assist them.
A Guardianship is a legal arrangement that places an individual under the supervision and/or care of a guardian. The Guardian provides for the incapacitated person and accounts to the Court with regards to their actions. A guardian is typically a family member‚ friend‚ or fiduciary appointed by the court for an individual who can no longer make safe and sound decisions about his or her own person or property or a person who is prone to fraud or undue external influence.
While a guardianship does protect an individual, great consideration and investigation must take place prior to the appointment of a guardian as it can significantly impinge upon the rights of that individual.
If you have questions, need more information about guardianships, or need assistance with filing for a guardianship,
contact
the office of Kim Smith Law Group, PLLC.
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