GLC Guardian Services

Here’s what you need to know about guardianships:

• Anyone interested in the well-being of a proposed ward can request a guardianship in most states.
• An attorney is usually retained to file a petition for a hearing in the probate court located in the proposed ward’s county of residence.
• The level of protection for the proposed ward varies from state to state, but most provide notice of the proceeding and legal representation at the hearing.
• During the hearing, the court determines the extent of the proposed ward’s incapacity and whether the person seeking guardianship is a responsible choice.
• The guardian can be any competent adult, including a spouse, family member, friend, neighbor or professional guardian.
• If a suitable guardian cannot be found, courts in many states can appoint a public guardian, a publicly financed agency serving this purpose.
• Courts prioritize individuals who play a significant role in the ward’s life and are sensitive to their needs and preferences.
• Co-guardianship is possible if two individuals wish to share guardianship duties.

Reporting Requirements for Guardians

When a court appoints a guardian, they are granted extensive authority over the ward’s affairs. However, this authority does not extend to decisions about finances, living arrangements, medical treatment, or other important matters. Guardians are also prohibited from voting, marrying, obtaining a driver’s license or making any other decision on behalf of the ward that might affect their rights.

The court expects guardians to act in the ward’s best interests, but due to the breadth of their powers, there is potential for abuse. Thus, guardians are held accountable for their actions, and the court ensures that they don’t neglect or take advantage of the ward.

The guardian of the property must take an inventory of the ward’s assets, invest the ward’s funds for their benefit, and provide detailed reports to the court on a regular basis. Certain financial transactions must receive court approval. Additionally, guardians must file an annual report detailing their management of the ward’s finances, with some states requiring a status report on the ward’s well-being.

Guardians must provide evidence that they have made adequate residential arrangements, health care, treatment services, educational programs, and training to meet the ward’s needs. Failure to do so may result in the removal of the guardian and replacement with someone who can provide proper care.

Different Types of Guardianship

At Generations Life Care, we understand that choosing the right form of care for yourself or a loved one can be a challenging decision. That’s why we offer a range of Guardianship alternatives to help you make the best choice possible. Here are some of the options we provide:

• Power of Attorney. 
• Representative or Protective Payee. 
• Conservatorship
• Revocable trust. Created date: 01/28/2013 

Our team of experienced professionals is here to guide you through the Guardianship process and help you choose the best option for your unique situation. Contact us today to learn more.