3 Things to Know About Guardianship
Did you know in cases of illness, injury, or other means, anyone might need an appointed guardian if they become mentally incapacitated? In such cases, without proper estate planning in place (or with insufficient planning), the court process in probate court must appoint a guardian.
Obtaining guardianship can be challenging and expensive. First, you’d need to file a guardianship petition in court and request the court declare the incapacitated person incompetent. A petition and process like this can spark heated disputes between family members and friends. If no one had been appointed through an estate plan, essentially anyone can claim they'd be best suited for the role.
Sadly, most people don't consider the possibility of incapacity, especially for those who are young and healthy today. But in the terrible circumstance of incapacity, you must have the proper planning in place — including a valid durable power of attorney and advanced health care directives — to prevent courtroom drama.
Here are 3 things you need to know:
Who can be a guardian?
Any interested person can petition for guardianship if there is no legal plan or document for this situation. Most courts do give preference to a spouse or other immediate family members. In some cases, the person petitioning would need to post bond, which typically requires good credit and money deposited with the court in the event of the guardian's wrongdoing.
Suppose a spouse, relative or friend is not willing or capable of serving. In that case, the court will appoint a professional or public guardian. The expense of a professional guardian can deplete an estate very quickly.
What are a guardian's responsibilities?
Depending on the extent of the person's mental capacity, a court-appointed guardian can have near-complete control over the person's life and finances. The scope of approved duties is up to the court.
Some of the most common responsibilities include:
Paying bills and handling finances
Determining where the person will live
Monitoring their residence and living conditions
Providing consent for medical treatments
Managing real estate and other tangible personal property
Making end-of-life and other palliative care decisions
Reporting to the court about the person's status at least annually
The court can also divide responsibilities between multiple parties. For example, one person may oversee the financial decisions, while another handles living arrangements and healthcare decisions. This adds another level of complexity to the situation for sure.
Are guardians compensated and how?
A court-appointed guardian can be paid a reasonable compensation directly from a person’s estate, and the amount depends on the type of services and the court’s opinion. Many family members who serve as guardians do so without payment.
Don't leave yourself or someone you love at risk. Planning is key to avoid courtroom drama and significant expenses in the future.
I Can Help.
If you are trying to decide whether the many benefits of using trust-based estate planning will work for you and your family, set up an appointment with me so we can talk it through. I’m confident that we can design the right plan that will work for you and your family when you need it.
While you should meet with me to put a full plan in place, protecting your minor children is such an urgent need that you won’t want to delay. I encourage you to get started right now.
Click this link to find downloadable Kids' Guardianship Guide documents for Florida or Pennsylvania residents. I’ve created these easy-to-purchase digital downloads that include forms you can fill out and print right at home. Once completed, take the forms to a notary with witnesses. You will rest easier knowing you have a complete set of legal guardianship documents, valid in either Pennsylvania and Florida Court systems.
After you’ve completed your Kids' Guardianship Guide documents, schedule a Planning and Design Session with me, where we will determine how to supplement the care of your children with your own estate planning. We will make sure anyone caring for your children when you can’t has immediate access to the assets to do so.
Anyone who purchases a Kids' Guardianship Guide will receive a $750 planning and design session with me at no charge and $250 off any level of my estate plans for themselves.
If something were to happen to you, how could you ensure your children are never left in the hands of strangers, an agency or anyone you wouldn't want caring for them?
Despite popular belief, naming a guardian in your will doesn't cut it in cases where you may be incapacitated, hospitalized or seriously injured — leaving you alive yet unable to care for your children.
Remember, wills are only operative after death.
These essential Kids' Guardianship Guide documents will safeguard your family when it comes to the care of your child(ren) should something happen to you.
Download them today, and connect with a notary to help you finalize these documents as soon as possible. You'll be so glad you did!
Plus, with the purchase of these downloadable Kids' Guardianship Guide documents, you will receive a $750 Planning and Design Session with me at no charge to make sure your affairs are in order. You will also be eligible for $250 off any level of my estate plans for total peace of mind.
NOTE: These documents are usable by Florida residents only and require notarization. If you are not a Florida resident, these forms are not guaranteed to be valid in your state.
If something were to happen to you, how could you ensure your children are never left in the hands of strangers, an agency or anyone you wouldn't want caring for them?
Despite popular belief, naming a guardian in your will doesn't cut it in cases where you may be incapacitated, hospitalized or seriously injured — leaving you alive yet unable to care for your children.
Remember, wills are only operative after death.
These essential Kids' Guardianship Guide documents will safeguard your family when it comes to the care of your child(ren) should something happen to you.
Download them today, and connect with a notary to help you finalize these documents as soon as possible. You'll be so glad you did!
Plus, with the purchase of these downloadable Kids' Guardianship Guide documents, you will receive a $750 Planning and Design Session with me at no charge to make sure your affairs are in order. You will also be eligible for $250 off any level of my estate plans for total peace of mind.
NOTE: These documents are usable by Pennsylvania residents only and require notarization. If you are not a Pennsylvania resident, these forms are not guaranteed to be valid in your state.
* These documents are usable by Florida or Pennsylvania residents only and require notarization. If you are not a FL or PA resident, these forms are not guaranteed to be valid in your state.
