When many people think of guardianship, they tend to think of an adult who plays a parental or supervisory role in the life of a child. However, there is another type of guardianship that you should be aware of known as elderly guardianship. Elderly guardianship is awarded to individuals who take over the care of a senior citizen after this individual is declared legally incompetent by the court. If you are planning to seek legal guardianship of your elderly loved one, there are a few facts that you should know before filing a competency petition with the court.
Fact: Elderly Guardianship Can Be Limited
When a person is awarded guardianship over a child, that person will have the right to make virtually all decisions regarding the child's medical care, living arrangements, finances, and schooling. Elderly guardianship is not always this inclusive.
Since the degree to which an elderly person is disabled can vary greatly from one person to the next, the court reserves the right to limit the scope of guardianship in these cases. For instance, if a person is able to make competent decisions regarding their finances, but unable to physically care for themselves on a daily basis, the court may limit the scope of your guardianship rights to cover decisions regarding the person's physical care and living arrangements. This allows seniors to maintain as much independence as possible and also helps to protect seniors from being abused by their guardians.
Fact: Anyone Can File A Competency Petition
People often believe that only a family member can call the competency of their loved one into question. However, this is not the case. The law currently allows anyone to file a petition questioning the legal competency of an elderly person, even if this individual is not personally seeking guardianship in the case.
If you are worried about how your loved one will react to the news that you have filed a petition with the court, you may be able to avoid this problem by asking another individual to file the initial petition. For instance, a physician, social worker, or home heath aide who has witnessed your loved one's behavior may be willing to file a petition with the court. You can then follow up on this petition by requesting that you are appointed your loved one's guardian.
Fact: Elderly Guardianship Is Not Always Permanent
If your loved one's condition is expected to improve in the future, you may will be glad to know that elderly guardianship can be reversed. In order to have a guardianship order nullified, you will simply need to demonstrate to the court that your loved one is now legally competent. Keeping this fact in mind can help both you and your loved one to deal with the rights and responsibilities that come along with elderly guardianship.
For more information, speak with professionals like the Burford Law Firm LLC.
Hello, I'm Phillip Kerr and I just love the legal profession and courtroom drama. Have you ever watched judge shows on TV? I know that these shows are not an accurate representation of the courtroom, but there is something you may have noticed. Some individuals come into the courtroom well-dressed, articulate, respectful and with the knowledge and documents necessary to support a case, while others come unprepared, slovenly dressed and appear as if they do not have a care in the world. How you present yourself and the knowledge that you have of the law will have an impact on how you are treated, even if you have legal representation. This blog is designed to assist those who are going to trial in doing just that.