When someone you love ages, or has just certain genetic issues, he or she may begin to lose the ability to think and act on his or her own. Sometimes this inability to think or act can be temporary if caused by a traumatic experience. The law does provide ways to protect individuals who anticipate such problems, but not everyone does. If you ever find yourself in a circumstance where you are caring for someone who has lost their ability to think for themselves and otherwise make decisions, then you may want to consider petitioning to become that person’s GUARDIAN. A Guardian is a court-appointed individual who is charged with the responsibility to care for a person who can no longer do so and given the power to make such decisions as needed. The process of obtaining guardianship over another can be a relatively straight forward process, but the process is designed to make sure that your loved one really needs the guardianship and that the person best situated to be guardian is appointed. If you are not properly prepared or if you face any contest from others, things can get difficult fast. In some circumstances if you have not moved quickly enough to obtain guardianship and if your decisions are not looked at favorably by someone, you may find that other person moving to appoint someone other than yourself and now having to work to involve yourself in the process and compete for guardianship.
If you ever find yourself actively involved in the care of a loved one who can no longer make decisions for him or herself, you should:
(1) Find out if there is a standing Power of Attorney or Health Care Power of Attorney that might speak to the situation;
(2) Find out if anyone else is considering or has started guardianship proceedings;
(3) Consider whether you are able and willing to provide long-term care for your loved one;
(4) Seek counsel from an attorney about the processes involved and legal requirements for applying to be Guardian.
