If you suspect that a loved one should have a guardian assigned, but are not exactly sure if it is possible, it is vitally important that you learn more about which situations require legal guardians and which do not. Understanding when it is possible to have one established can save your family a lot of conflict and heartache.
How a Guardianship Attorney Can Help With Mental Illness
If you suspect that someone you love has a mental illness and needs help, guardianships can be established that will control your medical and financial decisions.
The best known case of this is that of Britney Spears. When he got out of control several years ago, his parents agreed that he needed help after he shaved his head and attacked a paparazzi car with an umbrella. His father petitioned the court and asked to be granted guardianship. Although it is not exactly the same as becoming a guardian, it is similar (although you should consult an attorney to find out the specific differences in your state).
This guardianship meant that Britney could no longer make her own decisions regarding her finances or medical choices. His father is said to have saved his life by intervening, but it is unclear whether the guardianship would continue as a long-term situation.
How a Guardianship Attorney Can Help a Minor
Situations involving underage children are some of the most commonly understood tutoring. If both parents die without a will, no one will be appointed guardian. In these cases, an attorney can help determine who will act as the child’s guardian. It must be legally established through the court to ensure that the adult has decision-making authority.
Another situation that involves younger children is if parents are unable to care for their children. This can happen through negligence, but it could also be the result of military service. If a single parent is deployed, he or she may establish guardianship to ensure that a responsible adult is available to make important decisions for the child.
How a Guardianship Attorney Can Help the Elderly
If you have a loved one who is aging and feels unable to make their own decisions in financial and medical situations, guardianship may be established. Some older people need help to ensure that they receive proper medical care, especially if they have health problems such as Alzheimer’s disease or if they suffer from dementia. Other seniors are especially susceptible to financial scams, and having someone act as your guardian can protect your assets. It can be difficult for seniors to relinquish control over their financial or personal well-being, and an attorney will help families navigate this difficult situation.
If you are unsure whether a guardianship attorney can help your family, contact one in your area. He or she will be able to review your situation and let you know if it is appropriate to ask the court to provide a guardian for your loved one.