However, if the power of attorney is "durable," then it will be good even if the principal becomes incompetent.ĭurable powers of attorney are generally made when a person is having medical treatment or losing mental capacity. Normally, a power of attorney ends if the principal becomes incompetent. The power of attorney allows the agent to make decisions about the principal's medical care or treatment or to handle business on behalf of the principal. This includes:Ī power of attorney is a document that a person (called a principal) can give to someone they trust (called an agent). There are other ways to help a person take care of themselves or their needs without getting a guardianship. Guardianships also mean that the ward loses the ability to care for themselves. Guardianships are expensive and require a lot of work. These letters are what the guardian gives to other people so that the guardian can take care of the ward and the ward's business. The court clerk will then give the "letters of guardianship" to the guardian. This order will explain exactly what the guardian can and cannot do with the ward and the ward's property. The judge will issue an order to the guardian. If nothing else can be done, the judge will order a guardianship of the ward. The judge will also decide if something else can be done to help the ward besides a guardianship. If the judge decides that the ward is incapacitated, then the judge will decide how incapacitated the ward is. The professional evaluates the ward's condition and abilities and tells the court their findings in a notarized affidavit or by testifying at the hearing.Īt the hearing, the ward has a right to have an attorney to present evidence, cross-examine witnesses, and have the professional who prepared the evaluation testify about the ward's condition. A physician, psychologist, or social worker may do the evaluation. The ward must be served with the petition, a notice of the hearing, and be informed of his or her rights.Ī professional evaluation of the ward is made within 6 months of the hearings. The petition is filed in the circuit court of the county where the ward lives. The Department of Human Services, a corporation, or a bank can also be appointed as a guardian.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |