Does My Mother Need a Guardianship?

For many people, there comes a point when they can no longer manage their own financial affairs or make their own decisions. This may occur when someone becomes physically or mentally incapacitated or when someone becomes seriously ill.  Family members and loved ones who become aware that a person can no longer act on his own must step forward to protect the person who has become incapable of protecting himself.

When a person is no longer able to act, ideally there will be a durable power of attorney document in place. If there isn’t, then your mother or other loved one may need a guardianship.  A Las Vegas estate planning lawyer can help you to determine if a guardianship has become necessary and can help you to follow the proper court procedures in order to secure a guardianship.  Pintar Albiston LLP has extensive experience helping clients with guardianship proceedings and we can advise you on your options and represent you as you take control of a loved one’s affairs.

When Does Your Mother Need a Guardianship?

A power of attorney must be created when someone is still of sound mind. The power of attorney, when created properly, can vest power in an agent to act after someone becomes unable to act on his own behalf. The agent has a fiduciary duty to act in the interests of the person who created a power of attorney. If your mother or other loved one has created a power of attorney, you do not need a guardianship. When your mother becomes mentally or physically ill and unable to manage her own affairs and make her own decisions, the agent can exercise the power of attorney and act.

If your mother has not created a power of attorney, then you need a guardianship. The guardianship will allow you to do things like check your mother into a nursing home and get her the help that she needs to deal with physical or mental issues. The guardianship will also allow you to manage your mother’s finances.

A power of attorney is preferable to a guardianship because your mother is able to choose who will manage her affairs. If no power of attorney is created, then the person who is seeking guardianship will need to petition the court and prove that the person who will become the ward is actually infirm and unable to act.  The person who petitions to become a guardian will also have to show that he or she is qualified to act as a guardian. There will be court oversight to ensure the guardian is acting in the interests of the ward.

Pintar Albiston LLP can help you if you believe your mother needs a guardian. We will assist you in filing the required paperwork and showing the court both that a guardian is necessary and that you are the right person to take control.  Call today to schedule a consultation with an estate planning lawyer and learn more about how we can help you with guardianship issues.