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What is a Guardianship Application?

By April 1, 2018 No Comments

What is a Guardianship Application?

Under the law, no person is recognized as a legal guardian for another unless approved through a Guardianship Application. A Guardianship Application is a process in which a person who is unable to make decisions on their own require a third-party to be authorized to make critical decisions on their behalf. A person deemed incapable of making said decisions may be a minor, mentally ill, someone with a brain injury that impairs them in some way, or a senior with advanced Dementia or Alzheimer’s. A successful guardianship application appoints a third-party or person to become a guardian for that person. Becoming a guardian for someone means that you can make decisions on their behalf in terms of healthcare, property sales, court representation, etc. This process is often necessary for terms of consent to health care treatment, access to important documents, the sale of a joint home, or a minor involved in litigation.

There is a difference between a hospital guardian and a court guardian. Hospitals may consider family members and other types of legal guardians as worthy decision makers in terms of making health care decisions. Different hospitals have different policies on this, and it is important to speak with the hospital or care centre providing care for your family member. A court, however, will not recognize a guardian unless they have been processed legally through a guardianship application. This is a necessary process to ensure that appropriate and capable members would be serving as guardians and making an informed and best interest decisions for the represented individual.

“My spouse has Alzheimer’s but I need to sell her property”

While your spouse still has the capacity to do so, try to get them to appoint you as a power of attorney for property. Discuss it with them, and see a lawyer to see if it is possible to yourself the permission to make decisions on their behalf regarding the property they own. If your spouse no longer as the capacity to appoint a power of attorney, you must apply for a guardianship application. See a lawyer to get assistance with the application.

“My sibling and I just inherited money, but they have a mental disability and can’t accept their share the money”

As long as you are above the age of 18, you can be appointed as your sibling’s power of attorney, but they need to have the capacity to appoint you. If this is not possible, you will need to apply for guardianship of your sister. This involves confirming with your family that this is an appropriate decision, getting approval from the Public Guardian and Estate Trustee, and going before the court to get finalized. See a lawyer today to see how to get the process done quickly and painlessly.

“My parent can’t make decisions about their care on their own, and I can’t agree with my siblings on what decisions to make”

If there are no appointed power of attorney’s or guardians for the parent, you can either have the parent appoint you as a power of attorney, or apply for guardianship yourself. However, when applying for guardianship, all relatives of the parent will need to be informed, and they can appear before the court to object to the appointment. In the case of an objection, both you and the disputing relative would submit appropriate documents and management plans. The court would use the provided evidence to decide which one of you would be the best decision maker and caretaker. A representing lawyer can help you ensure that all the appropriate documentation is filed and submitted to make the best possible case for you.

“My child is a witness in a court case, but they are a minor.”

You can apply to become an appointed representative guardian for your child that is under the age of 18, and the court will accept you as speaking on their behalf or assisting the child during the court appearance. Speak to a lawyer about apply for guardianship and helping you move quickly to be appointed before the deadline of a court case.

“My friend and I were working together during a court case, but they got into an accident and can no longer participate with me.”

You can become a guardian for litigation, in which you can make decisions and act on behalf of the incapacitated person in the case of an accident that renders a person incapable unexpectedly. An alternative is to have your friend’s family member be appointed as a guardian, and make decisions on their behalf. Both of these options would only last as long as the trial. See a lawyer today for assistance in applying to be a guardian.

How can Tailor Law help?

With plenty of experience in guardianship applications of all types and the appointment of power of attorney, Tailor Law lawyers are well versed in helping you understand what your options are, and selecting the best and easiest route. Our team of expert lawyers can give you a legal perspective of your individual situation and advise you on next steps. They can also help with the paperwork and application submission, which can help the process move much quicker than if you attempted alone. Tailor Law understands the importance there is in taking care of your loved ones and work hard to get your guardianship case solved as easily as possible.

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