Guardians Provide Care When It Is Needed Most
No man is an island. And we all need help at times. We suffer disabilities, get older, need more care.
Whether it is a beloved grandmother who needs help with self care and managing her home, or a sibling with special needs who is growing into adulthood, we want our loved ones to get the help they need to manage basic necessities such as food, bills, doctors appointments, and the like. A guardianship can provide that care and provide court oversight to make sure that the guardian is held accountable for that care.
When a guardian is needed, your experienced and compassionate Tulsa guardianships attorney can help make sure the court appoints a trusted person to help just when help is needed the most.
We all value our independence. But sometimes life happens while we are planning. Elders, disabled adults, children. There are situations in which all of these may need additional help.
The decision to have a loved one placed under guardianship can be difficult. It is difficult — but often necessary — for an elder to surrender independence. If a person is suddenly incapacitated, it may be impossible to continue to manage a household.
Guardianships can help in these types of situations. A guardian can care for a person’s physical needs, such as taking them to the grocery store, to doctor’s appointments and the like. A guardian can also take care of a person’s financial needs by ensuring that bills are paid on time and that income is deposited, and the like.
A court will determine whether a guardian is needed, and if so, who to appoint. Sometimes the guardian is a loved one. This can often be the best scenario for the person needing a guardian. When the court appoints a person who is unknown to the elder, it can be frightening and isolating for the elder. So often the court will look to relatives first.
The appointed guardian has a deep duty to provide the best in care, attending to the best interests of their charge. When a relative is not available, the court will look to a professional guardian that it believes will act in the best interests of the person they will be appointed to care for. You want to make sure that your loved one is well cared for. We can make sure a trusted guardian is put in place.
Your Tulsa guardianships attorney can make sure that your elder is properly cared for. Call the Divorce of Tulsa Law Office today for a free initial consultation at 918-924-5526.
The Role of Guardian
Guardians can be appointed to take care of children, elders, developmentally or otherwise disabled adults. And the duties of an appointed guardian depend in large part upon the age and needs of the person or ward placed under the guardian’s care, and the court is specific in its orders regarding those duties.
When an elder or disabled adult is placed under a guardian’s care, the guardian usually manages all of the assets and liabilities of the adult, using the adult’s income for housing, food, medical expenses and the like. A guardian usually must report periodically to the court regarding the adult ward in their care. This will include an accounting of the ward’s general well-being and an accounting of all the finances of the ward on a periodic basis. The court may order this accounting on a yearly basis, or more often if the need arises.
Sometimes the ward is a child. Some minors have income that must be managed, but most do not. If the minor has access to income, the guardian must manage that income and other resources that may be available to the minor. A guardian can be responsible for enrolling the child in school and authorizing other care for the child, such as day care, medical care and the like. The guardian makes sure the minor’s living situation is stable emotionally conducive to developmental growth. Again, the guardian reports to the court periodically regarding all issues involved in their care of the minor child.
Your experienced Tulsa guardianships attorney can help you decide if a guardian is needed, what type of guardianship would be most beneficial, and what duties the guardian will assume. Your attorney also will draft the petition for the court regarding the need for a guardian and request that a particular person be appointed as guardian. Once the guardian is appointed, your attorney can help prepare the annual reports to the court that are required.
Procedural Issues Regarding Guardianships
Though we may feel that a guardian would be best for our loved one, the court may disagree. It is the court that makes the ultimate decision regarding the necessity of a guardian. And if the court feels that a guardian is needed, it makes the decision regarding whom to appoint, and it will decide what duties and powers thee guardian will have.
Since this affects the potential ward, our loved one has a right to be represented at the hearing on the guardianship petition. An attorney can be appointed by the court or the proposed ward may select an attorney of their choice.
At the hearing, the court may decide that the proposed ward needs either a full or limited guardian, or alternatively, the court may decide that a guardian is not needed at all. Likewise, the court will determine what activities and limitations should be imposed upon the ward. Some typical decisions include whether the ward should continue driving, voting, and continue or discontinue working under a professional license.
If you are appointed as the guardian, you may be required to post a bond, the amount of which will be determined by the size of the ward’s estate. This is to protect the assets of the ward in case of mismanagement.
Whatever your guardianship questions and needs, a Tulsa guardianships attorney can provide expertise at this difficult time. You want the best for your loved one. Move forward with confidence that your loved one’s needs and concerns are in qualified hands, and that your guardianship proceedings will be handled in a knowledgeable, confidential and compassionate manner.
Free Consultation With a Tulsa Guardianships Attorney
Bring your questions and concerns and let’s work together. Call the Divorce of Tulsa Law Office today for a free initial consultation at 918-924-5526.
