What is a Guardianship?

A guardianship is a legal proceeding where it is determined that an individual is no longer able to make financial and/or medical decisions. The court appoints someone to be the decision maker for the incapacitated individual.

Guardians help manage important matters such as medical decisions, financial affairs, daily care and living arrangements.

When Is a Guardianship Needed?

A guardianship may be necessary when a loved one can no longer make safe or informed decisions on their own. Some common situations include:

• Dementia or Alzheimer’s
• Serious Illness or Injury
• Developmental Disabilities
• Financial Exploitation

Guardianship vs. Power of Attorney

Both Guardianship and Power of Attorney (POA) help protect
those who need assistance with decision-making.

• Power of Attorney (POA) – A person (principal) chooses someone (agent) to make financial or medical decisions on their behalf. This is done voluntarily while the principal is still competent.
• Guardianship – If a person becomes incapacitated without a POA in place, a court may appoint a guardian to manage their affairs. This process is more complex and involves legal proceedings.

Planning ahead with a POA can help avoid the need for establishing a guardianship later. Our Elder Law Attorneys can help you choose the right option for your needs.