A probate court appoints a guardian when an adult (“Ward”) is deemed incompetent, meaning they cannot make decisions or cannot communicate their decisions regarding personal safety or health. How is a guardian chosen? Once a guardianship is established and a guardian is appointed, is it forever?
How is a Guardian Chosen?
You have the power to name your own guardian. If you have an Advanced Health Care Directive (see more here), you have the ability to name who would be your guardian if a court determined a guardian was needed. If you do not have an Advanced Health Care Directive and have not named a guardian, anyone can petition the court to become your guardian. If no one petitions the court, then the court will appoint someone as guardian. The only people who cannot become your guardian are other incapacitated adults, minors, someone with a conflict of interest, protected persons, and the owner or operator of a caregiving facility where you receive care, unless that person is related to you by blood or marriage.
What if the Guardian Mistreats You or Abuses Power?
While under a guardianship, you cannot make many decisions on your own, but you do still have the ability to petition the court to remove or change the guardian. If you believe your guardian is not acting in your best interest, is abusing their power, mistreating you, or otherwise acting in a way that they should be removed, you or someone on your behalf can tell the judge and force a removal of that person. A guardian’s whole job is to take care of you and your interests. If a guardian is not putting your needs first, they should not be serving.
Can I Terminate a Guardianship?
Yes! You, or someone on your behalf, can petition the court to terminate the guardianship. If a guardian is removed, the court could determine at that time that you are able to make your own decisions and not assign a new guardian.
An ounce of prevention is worth a pound of cure! Naming your own guardian allows you to take comfort in knowing the people you love and trust would be legally in charge of caring for you if necessary. Dementia, accidents, and other unplanned events can mean that you may need a guardian. Creating the documents to name your guardian is easy and can give you and your family peace of mind. Contact Grissom Law to set up your estate plan to be prepared for all of life’s possibilities.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney-client relationship between you and Grissom Law, LLC.