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Guardianship of an Incapacitated Adult: How it Works?

Guardianship of an Incapacitated Adult: How it Works?
August 7, 2017 Author
Guardianship

When an adult is considered mentally or physically disabled to a point that they cannot effectively manage their own affairs, a guardianship is usually established for their benefit. A person does not have to be totally disabled for a guardianship to be established, only unable to manage legal, medical or financial affairs.

It is very important to understand that any guardianship established for an incapacitated adult must be for their best benefit. This means that the guardian must only make decisions that allow the individual to live in a manner that allows for the most independence and self-reliance of the ward.

For example, if a person is deemed mentally challenged, they may be able to do everything to care for themselves on a daily basis, even hold down a job, but they are unable to pay their bills or manage their legal affairs because of lack of understanding. A guardian can be appointed to ensure that these matters are handled on behalf of the individual while allowing them to function in everyday life.

 

Establishing A Guardian

 

Establishing a guardian for an adult is a little more difficult than that of establishing a guardian for a minor. There must be undeniable proof that the adult is unable to take care of themselves in the same capacity as other adults. This is a protection for all legal adults.

It is very important that you work closely with a Tulsa guardianship lawyer when you wish to appoint a guardian for an adult. Your attorney can make sure that all the correct data is provided to the court so that a guardian can be appointed.

Working with a Tulsa guardianship lawyer also ensures that the rights of the adult in question are protected. Your attorney will make sure that the guardian only has the rights to make decisions on behalf of the adult in question that cannot be completed by that adult.

 

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