An individual, referred to as the Principal, appoints an Agent or Agents in a power of attorney document to conduct certain actions on behalf of the Principal. The power of attorney may be very limited or broad in scope and may include
Continue reading What is the difference between a power of attorney and a legal guardian? →
The Court may appoint an emergency guardian when it appears that an individual lacks capacity, is in need of a guardian, and failure to make such an appointment will result in irreparable harm to the person and/or estate of the alleged incapacitated person (note the term “incompetent” is no longer used in guardianship matters). In seeking the appointment of an emergency guardian, a person or institution, such as a hospital or nursing home, files a Petition for the Appointment of an Emergency Guardian with the Court and a hearing is scheduled on the merits of the petition.
Continue reading What is an Emergency Guardianship? →
The Court has entered a decree adjudicating your mother an incapacitated person and appointing you as plenary (permanent) guardian of her person and estate. Now your work as a guardian begins. The first steps in navigating these unchartered waters is to a take a deep breath and review the Court’s decree which sets forth, in part, your duties and responsibilities as guardian. Generally this decree will order you to file with the Court an inventory (a “financial snapshot”) regarding your mother’s assets; and to file a copy of your mother’s will (in a sealed envelope) within 90 days of the date of the decree.
Continue reading I was just appointed guardian for my mother; now what? →