How Do I Take Over the Care of Someone Who is Mentally Disabled?
Full Question:
Answer:
If this person is not mentally competent, he/she lacks the capacity to sign a power of attorney and it may be necessary to create a guardianship. Typically a guardianship is necessary only when the person is not able to properly care for themselves. Sometimes it may require a medical opinion as to whether the person is capable of making his/her own decisions and can function well enough to care for him/herself.
An incompetent adult or minor child may have the assistance of a court appointed guardian. An individual is determined incompetent if s/he is mentally impaired due to mental or physical illness or disability, mental retardation or chronic substance abuse to the point that s/he cannot take proper care of him/herself, his/her property or those for whom s/he is legally responsible. The court will determine an individual is incompetent and in need of a guardian of the person if the court finds that due to the impairment the person is unable to effectively receive and evaluate information or to make or communicate decisions to the extent that s/he is unable to prevent financial exploitation.
The court may give the guardian authority to make personal decisions for the ward, including providing informed consent for health care and medication. This type of guardian is a “guardian of the person.” The court also can give the guardian authority to manage the ward’s money and property. This type of guardian is a “guardian of the estate.”
A guardianship is a legal relationship that can be created when a person is assigned by the court to take care of and make personal decisions for another (ward). Guardianship of a minor can be over the actual minor, the property of the minor, or both. The guardianship of a minor remains under court supervision until the child reaches the age of majority. A guardianship restricts the individual's right to contract, marry, spend money, make decisions about their own care, or create a new will. The guardian may make personal decisions for the ward such as living arrangements, education, social activities, and authorization or withholding of medical or other professional care, treatment, or advice. Generally, a guardian is not charged with managing the income or property of the incapacitated person; however, the guardian may receive funds payable for the support of the ward such as social security as a representative payee. Even if a minor child lives with one or both parents, in some states a guardianship is required if the child inherits property worth more than a certain amount. After the court appoints a guardian, an inventory and appraisal must be filed, and annual or bi-annual accountings must also be filed with the court until the child reaches age eighteen. If a guardianship is contested, the court may appoint a disinterested third party to investigate and make recommendations. Usually called a guardian ad litem, this person evaluates both the necessity for a guardianship, and the appropriateness of the proposed guardian. The ward may also hire separate legal counsel. If the proposed ward is indigent, the court sometimes appoints counsel.
Typically a guardianship is necessary only when the person is not able to properly care for themselves. Sometimes it may require a medical opinion as to whether the person is capable of making his/her own decisions and can function well enough to care for him/herself.
An incompetent adult or minor child may have the assistance of a court appointed guardian. An individual is determined incompetent if s/he is mentally impaired due to mental or physical illness or disability, mental retardation or chronic substance abuse to the point that s/he cannot take proper care of him/herself, his/her property or those for whom s/he is legally responsible. The court will determine an individual is incompetent and in need of a guardian of the person if the court finds that due to the impairment the person is unable to effectively receive and evaluate information or to make or communicate decisions to the extent that s/he is unable to prevent financial exploitation.
The court may give the guardian authority to make personal decisions for the ward, including providing informed consent for health care and medication. This type of guardian is a “guardian of the person.” The court also can give the guardian authority to manage the ward’s money and property. This type of guardian is a “guardian of the estate.”
A guardianship is a legal relationship that can be created when a person is assigned by the court to take care of and make personal decisions for another (ward). Guardianship of a minor can be over the actual minor, the property of the minor, or both. The guardianship of a minor remains under court supervision until the child reaches the age of majority. A guardianship restricts the individual's right to contract, marry, spend money, make decisions about their own care, or create a new will. The guardian may make personal decisions for the ward such as living arrangements, education, social activities, and authorization or withholding of medical or other professional care, treatment, or advice. Generally, a guardian is not charged with managing the income or property of the incapacitated person; however, the guardian may receive funds payable for the support of the ward such as social security as a representative payee. Even if a minor child lives with one or both parents, in some states a guardianship is required if the child inherits property worth more than a certain amount. After the court appoints a guardian, an inventory and appraisal must be filed, and annual or bi-annual accountings must also be filed with the court until the child reaches age eighteen. If a guardianship is contested, the court may appoint a disinterested third party to investigate and make recommendations. Usually called a guardian ad litem, this person evaluates both the necessity for a guardianship, and the appropriateness of the proposed guardian. The ward may also hire separate legal counsel. If the proposed ward is indigent, the court sometimes appoints counsel.