Guardianships are essential tools for helping to protect the interests of loved ones who are, for one reason or another, unable to care for themselves. However, a guardianship is not necessarily appropriate for every situation, and in some cases may not be necessary. Here are five reasons that you might need a legal guardianship for your loved one:
- Your loved one has a disability
- One of the most common reasons that people seek a legal guardianship is because they have some sort of disability, such as Down syndrome, congenital blindness, or severe epilepsy. These are conditions they are born with that make it difficult or impossible for them to live independently. Even with treatment, they are likely to require care for their entire lives, making a guardianship necessary.
- Your loved one is a minor whose parents cannot care for them
- Another common reason for people to seek guardianship is when they need to care for a minor child whose biological parents are unable to care for them. They may be deceased, or in prison, or have medical issues that keep them from being able to handle the responsibilities of parenthood. Whatever the reason, a guardianship may be necessary to care for the child until they are a legal adult.
- Your loved one suffered a major illness or injury
- A guardianship may also be appropriate to help care for someone suffering from some sort of severe illness or injury. They may have been injured in an accident, for example, or they may have a severe illness like cancer which significantly interferes with their ability to care for themselves. Either way, they may need a guardian to handle their affairs while they recover.
- Your loved one has a severe mental illness
- Psychological illnesses can be just as debilitating as physical ones, and guardianships can help ensure they are cared for. This can include issues like major depression, bipolar disorder, schizophrenia, or PTSD, among other problems. With a guardian, they can focus on their mental health, rather than being overwhelmed trying to handle more complex responsibilities.
- Your loved one has dementia
- Sadly, many people will need to seek a legal guardianship for loved ones with dementia, particularly if they do not have advance directives like a power of attorney in place. In most cases, these guardianships will last your loved one’s entire life, allowing you to manage their affairs so they can rest comfortably. However, to know if a guardianship may be right for you, the best thing you can do is to speak to an estate law attorney.
If you or a loved one are dealing with legal issues related to estate planning, or you are dealing with any other issue related to elder law, you will need specialized legal advice. The attorneys at Hobson-Williams, P.C. are skilled in all aspects of elder law, and are dedicated to representing clients with diligence and compassion. To speak to an attorney or to schedule a consultation, call 866-825-1LAW.
