Life can be unpredictable, and sometimes, our loved ones need extra help managing their affairs. Whether it's due to age, illness, or disability, understanding guardianship is crucial for protecting the well-being of those who can't fully care for themselves. Let's break down what you need to know in a simple, conversational way.

What is Guardianship of the Person and of the Estate?

First off, let's clarify what this term means. Guardianship involves appointing someone to make decisions for another person who is unable to do so themselves. The key difference lies in the types of decisions being made:

• Guardianship of the Person: This typically covers personal and medical decisions. A guardian might decide where the person lives, what kind of medical care they receive, and other day-to-day matters.
• Guardianship of the Estate: This typically overs all the financial decisions. This type of guardianship involves handling the finances of an individual. 

When Is Guardianship Necessary?

• Elderly Parents: As our parents age, they might struggle with managing their health or finances. If they become unable to make sound decisions, a guardian can step in to help.
• Adults with Disabilities: Some adults with disabilities may need ongoing assistance to handle personal or financial matters.
• Minors: If a child's parents are unable to care for them, a guardian can be appointed to make decisions about their welfare.

How to Establish Guardianship?

The process typically involves a few steps:

1. Medical Report: You will need a medical report from a physician stating the diagnosis of the adult with the alleged disability and what your loved one can or cannot do.
2. Filing a Petition: You'll need to file a petition with the court requesting guardianship or conservatorship. This document explains why the appointment is necessary and outlines the proposed guardian or conservator's qualifications.
3. Court Investigation: The court may appoint a Guardian ad Litem to interview the proposed guardian, the person in need, and other relevant parties.
4. Court Hearing: A judge will review the Petition and Guardian ad Litem report. If the judge agrees that guardianship is necessary, they will issue an order appointing the guardian of the Person and or the Estate.

Responsibilities of a Guardian or Conservator

If you're appointed as a guardian or conservator, you'll have significant responsibilities:

• Guardian of the Person Duties: Ensure the person's personal needs are met, including healthcare, living arrangements, and daily activities.
• Guardian of the Estate Duties: Manage the person's financial affairs, which includes paying bills, managing investments, and keeping detailed financial records.

Protecting the Rights of the Person in Need

It's important to remember that guardians should respect the rights and dignity of the person in need. Here are a few tips:

• Least Restrictive Option: Whenever possible, choose the least restrictive option that still provides necessary support. This might involve limited guardianship where the person retains some decision-making powers.
• Regular Reviews: Courts often require regular reports every year or three years to ensure the arrangement continues to serve the person's best interests.
• Open Communication: Maintain open communication with the person in need and involve them in decisions as much as possible.

Navigating guardianships can be complex and emotionally challenging, but it's essential for protecting the well-being of your loved ones. Whether you're considering guardianship for an elderly parent, disabled adult, or minor, our experienced attorneys are ready to provide the support you need. For legal assistance and guidance through guardianship, contact us at Katherine Maloney & Associates at 815-577-9763.

We're here to help you make informed decisions and ensure your loved ones are cared for with compassion and respect.