When A Person Might Need Guardianship?

At times it is important to protect an individual’s personal and financial well being if they are not able to protect themselves. This issue particularly arises in families worrying about their incapacitated members and sometimes guardianship might be what you need. This is a legal proceeding in which someone is legally appointed to supervise and provide physical care for a person who is incapable of acting for himself or herself because of age, incapacity or disability. It is essential to understand when guardianship is needed for the person, since not just is guardianship an expensive process, it likewise can be really disruptive to the lives of the whole family.

1. Refuse to comply with the family’s care plan.

For care providers and family members it is essential to work with incapacitated individuals to help them make decisions regarding their treatment and funds. While a family members could have the best objectives concerning, the person might still oppose. If the incapacitated person is in danger of harming himself or his funds and also will not accept help from caregivers or member of the family, after that a guardianship might be necessary.

2. Lack of sufficient estate planning documents.

Under Tennessee regulation, guardianship Courts should look for the least limiting ways necessary to protect incapacitated individuals. Consequently, there is no extreme need in guardianship  if the incapacitated individual effectively carried out a Durable Power of Attorney, and designation of advance healthcare directive.  A Durable Power of Lawyer could provide an agent authority to manage the incapacitated individual’s financial matters. An advance healthcare directive (living will) states your decisions about prolonging life — the use of medical devices such as feeding tubes, measures to restore your heart or breathing, and the use of drugs for pain should you become terminally ill. You can be as specific as you like in defining your wishes for loved ones, which instills confidence that they understand your wishes and relieves their stress about having to make decisions.

Either of the mentioned above estate preparing documents might suffice to settle issues the family members face. The attorneys at McKoon, Williams, Atchley & Stanley, PLLC who are experts in elder law or estate planning could help determine whether the estate planning documents are sufficient to avoid guardianship proceedings.

3. A person is vulnerable to exploitation.

A guardianship could be required when estate preparation documents and relatives could not safeguard incapacitated individuals from monetary exploitation, abuse or self-neglect. For example, a guardianship is needed if the representative authorized to act under the incapacitated person’s Durable Power of Attorney Long is using his power to economically exploit the incapacitated person. An additional typical instance of abuse happens when someone employed to render care or aid to a disabled individual starts to literally abuse or economically make use of the incapacitated person. Frequently, incapacitated individuals in this circumstance choose not to see themselves as targets, as well as rather believe the caregiver is a friend or the only person they can rely on. In these situations, guardianship procedures are essential to shield incapacitated people.

4. Family cannot decide how to take care of an incapacitated person

A guardianship could be significant if the family cannot decide upon the care their member should get. Depending on the circumstances, Guardianship Courts could select a guardian of the person, property or both. Such person then would be obliged to make sure the incapacitated individual is correctly taken care of and also protected from exploitation as well as self-neglect. A guardian of the residential or commercial property is in charge of the incapacitated individual’s finances. The guardian should deal with the incapacitated person and his family to serve the person’s benefits.


Where to seek assistance?

Elder care is a growing concern in Chattanooga and the United States today. And caregiving for incapacitated persons can be challenging, but you do not have to face it alone. If your family is struggling to determine how to best care for an incapacitated family member, McKoon, Williams, Atchley & Stanley, PLLC is here to help you.  Contact our attorneys today to make the best decision for your family.