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Guardianship of Incapacitated Adults

When an adult becomes incapacitated, whether through accident or age, it is necessary to appoint a guardian to maintain their affairs. The world does not stop for any injury, and things like bills, investments, and more all require management in order to prevent disaster. A guardian is expected to keep the affairs of the person they are caring for (their ward) in order. The idea is that if the ward recovers, they will be able to reasonably restart their life without having excessive liabilities to be concerned with.

 

In the long term, a guardian provides for the financial and medical assistance required by the ward. Guardianships are not unlimited, and legally the desires of the ward are paramount in the eyes of the law. The ward maintains as much control over their affairs as they can be reasonably expected to manage given their condition. This means, obviously, that the limits of guardianship vary greatly depending on whether a person is comatose, paralyzed, or suffering from other impairments hampering capacity.

 

Remember that as a guardian, your duties are first to your ward. Any use of your ward's assets must place their interests first. If you believe you are the best person for that, or you believe that a guardian is abusing their authority, we can help ensure proper guardianship of an incapacitated adult. Our services will fight to make sure the rights of the ward are protected, and that the best person willing and able to take on the job of guardian is able to do so.

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