A guardianship can be established for the protection and benefit of a person who cannot make decisions for himself or herself. The appointment of a guardian might be appropriate for a person who is unable to manage his or her personal or financial affairs as a result of a mental or physical disability; has assets or matters which require management; and has no less restrictive form of intervention available.
A guardian of the person has the same rights over the disabled person as a parent would over a minor child, including decisions regarding residence, shelter and health care. A guardian of the property has the power to manage the the assets of a disabled person.
Guardianship can be avoided if there are less restrictive alternatives in place, such as a power of attorney or an advance medical directive.
If you have been notified as an interested person in a guardianship, it is imperative that you consult with competent legal counsel as soon as possible to protect your interests and the rights of the alleged disabled person. Hammond Law can implement comprehensive planning for you to protect against guardianship, including powers of attorney, advance medical directives and trusts. We are also experienced in both establishing and defending against guardianship.