Are you thinking of becoming a guardian for someone? According to the ACLU, guardianship proceedings often treat capacity as a static concept, meaning that “if one doesn’t have capacity for everything, then one doesn’t have capacity for anything.” Becoming a guardian for someone is not so simple. Here are four things that guardianship entails.
1. You Need to Apply in Court
The courts will want to make sure that you’re going to be a capable guardian for your ward. That’s why you can’t just start caring for them after some paperwork. Instead, the court will investigate whether your loved one needs a guardian in the first place. Once that’s determined, then they will make sure that you’re the best fit. They may elect to go with someone else, even a non-family member.
2. You’ll Report to the Court
If the courts do decide you’re the best fit, you’re going to have to see your ward at least four times a year and make sure that they make appointments and any other engagements. You will have to keep the courts informed about all this so that they know that they made the correct decision. Your guardianship lawyers will outline this for you.
3. You Have to Keep Detailed Financial Records
One of the court’s main concerns is that the ward may be being exploited by the guardian. That’s why they will have you fill out detailed expense reports. From grocery expenses to bills, it’s important that you are aware of the financial responsibilities you’re taking on as well as the importance of keeping records.
4. You’re Responsible for Your Ward’s Interests
Since the court has determined that your ward can’t make their own decisions, you’re going to be responsible for all aspects of their life, including medical, financial, and even judicial. You should also be prepared for the possibility of representing them in court. An expert team of guardianship lawyers will ensure you understand what decisions are passed to you.
As you can see, the guardianship process is not a simple one. But if you have good representation, you will be well-prepared. Do you live in or near Miami, Florida, and need guardianship lawyers? We can help you better understand the guardianship process and the responsibilities that come with it. Our other services include probate law, contracts, and real estate. Contact us today for a free consultation!
