Guardianship is also known as conservatorship. The legal right is used when a person becomes vulnerable to fraud or undue influence. You can also find a guardianship attorney in Hawaii from www.farrell-hawaii.com/practice-areas/guardianship/.
A guardian may be needed in cases where the person is unable to take care of his or her basic needs. There will be different procedures for appointing a guardian depending on where you live.
The procedure for appointing a guardian is to file a petition at the court in the location where the person is incapacitated. The petition should be accompanied by either sworn statements or medical affirmations proving the person's incapacity.
It will name the guardian and request that the court appoints a public one. The court will conduct an evaluation of the incapacitated. Letters of authority will be issued to allow the person to act for their ward if the court approves the appointment.
The guardian is responsible for making decisions about the guardian's life, including how they will live, their housing, meals, and other activities. It is important to consider the wishes of the individual. It is also important to consider their living conditions.
This appointment can be ended. This is usually possible if the individual recovers from the condition which initially required guardianship. This can also happen if the incapacitated person dies. The court can terminate an appointment if the guardian is not efficient or resigns.
Estate planning can be used to avoid guardianship. You can include a power of attorney to allow someone you trust to handle your personal affairs. You can also specify your wishes regarding how you want to be treated in case of incapacitation.
