If you notice your parent getting forgetful or their doctor suggests that there is an onset of a condition that renders them unable to take care of themself or their property, it may be time to consider a guardianship if you do not already have a durable power of attorney in place. If there is no durable power of attorney in place and your parent is failing, it may be too late to have them sign any documents.
In that event, in order to help your parent, and two physicians opine the your parent is not capable of managing themself or their property, I can file a petition to determine incapacity and if so determined, name you as the guardian so that you can handle all aspects of their life, from medical care to finances.
Please note that any such petition must be sent to all relatives of your parent, including the other parent if alive, other siblings and possibly your parent’s siblings or other relatives. The purpose of this notice is to give all who have an interest in your parent, the right to be heard concerning the petition. You also will need good credit as you will be required to obtain a bond to insure your faithful performance as guardian.
A guardianship may also be necessary when you have a child with a condition that renders them unable to care for themselves or their finances. You may have been handling your child’s affairs since they were born and now they are turning 18 years of age. Now, third parties may not accept your instructions as to medical care and finances. In such a case, you would be required to obtain a guardianship over your child in same manner as described above for your parent.
Please note that all legal fees for this process are determined by the Surrogate Judge in the county where the petition is file, which is generally the county where the alleged incapacited resides.
I can guide you in your guardianship petition if and when it becomes necessary.