When elderly relatives are no longer able to make responsible decisions over their affairs, this power is best transferred to somebody else. Elder law allows a court to designate another person or body as the decision-maker for essential matters, from healthcare to financial. This can be done via power of attorney, where the individual still has the mental capacity to execute legal documents and willingly signs over their authority. Alternatively, if the person is no longer mentally capable, another individual can move to obtain guardianship.

For guardianship to be awarded, the proposed ward’s incapacity to make responsible decisions must be proven. An elder law professional can file a petition for a hearing where the court will determine if the proposed ward is incapacitated and, if so, what assistance they require. Some incapacitated individuals can decide parts of their lives but not all. In such cases, “limited guardianship” may be awarded.

Common areas in which guardianship is transferred include:

• Healthcare: As people age, it becomes more likely that they will have to make important decisions about their health. From choosing treatments to deciding on service providers, a guardian can make these choices if the affected individual is incapable.
• Financial: Some wards are no longer up to financial tasks like paying simple bills and handling savings accounts. Guardians can oversee these to ensure they don’t get into financial trouble.
• Legal: What about drawing up a last will and testament, or estate planning? Guardians can also handle these matters so that all affairs are handled smoothly when the ward passes.

It’s worth noting that a guardian does not necessarily need to be a person. It can be a non-profit agency, for instance, or a private or public corporation. In cases where a person is deemed incapacitated, but no suitable guardian is found, some courts may appoint a publicly financed agency as the guardian. However, they will always give first consideration to someone who played an important role in the potential ward’s life, like a spouse or child. 

If you are interested in either a power of attorney arrangement or guardianship, talk to a lawyer. A local legal professional can explain your state’s elder laws, and help you determine which option is best for your family. For help in Middletown, NY, put your trust in MacVean, Lewis, Sherwin & McDermott, P.C. This law firm has been serving the Hudson Valley for more than 130 years. From commercial litigation to employment law, they practice in a wide range of fields. Find out more about their services online, and call (845) 343-3000 for consultation.