A guardianship is a relationship in which one person has certain rights (including constitutional) taken away by a court, with another person assuming those responsibilities for the first person. Another way to put it is a court can determine a person is incompetent and then order certain decision making be taken away for their safety.
Guardianships are a very important, very personal, and very possible outcome for many of our elder family members. Most clients believe a Durable Power of Attorney acts like this procedure, when that document only creates an Agency relationship – having a “power of attorney over someone” does not give any power to supersede decisions. When family members are putting themselves at danger, despite having all initial documents in place, a guardianship proceeding is a real necessity.
Given that these proceedings deal with our own autonomy, limiting how we want to live our lives, the Veraya Law Office considers it a core area and a point of emphasis the next 50 years.