Navigating the complexities of family dynamics can be challenging, especially when a loved one is no longer able to care for themselves or manage their affairs. In such cases, you may find yourself questioning whether you need to pursue guardianship over your family member. Understanding the concept of guardianship and its implications is crucial in making informed decisions. Here's what you need to know.

 

 

Guardianship is a legal relationship established by a court, granting an individual (the guardian) the authority to make decisions on behalf of another person (the protected person) who is unable to make those decisions due to incapacity. This authority can include decisions related to personal care, medical treatment, and financial matters.

 

 

1. Cognitive Decline: If your family member is experiencing significant cognitive decline due to conditions such as dementia or Alzheimer's disease and cannot make sound decisions, guardianship may be necessary.

 

2. Physical Disabilities: A severe physical disability may limit a person's ability to care for themselves or manage daily activities, prompting the need for a guardian to step in.

 

3. Mental Health Issues: Individuals struggling with mental health disorders that impair their judgment and decision-making abilities may require guardianship to ensure their well-being.

 

4. Substance Abuse: If a family member is struggling with addiction and is unable to make safe choices, guardianship can help protect them from harmful situations.

 

5. Financial Mismanagement: If your loved one is unable to manage their finances effectively, leading to significant financial distress, a guardian may be needed to oversee their financial affairs.

 

6. Financial Abuse: If you suspect that your loved one has been the victim of one or several scams or acts of fraud, the best way to protect them is to obtain full guardianship or conservatorship over them.

 

 

1. Full Guardianship: This grants the guardian comprehensive authority over both personal and financial decisions for the ward.

 

2. Limited Guardianship: In some cases, a court may establish limited guardianship, where the guardian has authority only over specific areas of decision-making while the ward retains some rights.

 

3. Temporary Guardianship: In emergencies, a temporary guardianship can be established for a short period to address immediate needs.

 

4. Conservatorship: Obtain the legal responsibility to manage your loved one's finances as a fiduciary.

 

 

1. Filing a Petition: The process begins by filing a petition with the court outlining the reasons for seeking guardianship and providing evidence of the family member's incapacity.

 

2. Court Evaluation: The court will evaluate the petition, often requiring medical evaluations or assessments to determine the individual's capacity.  A court visitor will be appointed as an independent evaluator of whether the circumstances warrant guardianship or a less restrictive option to meet the protected person's needs.

 

3. Hearing: A court hearing will be scheduled, allowing interested parties to voice their opinions. The judge will ultimately decide whether guardianship is warranted.

 

4. Ongoing Oversight: Once guardianship is granted, the court will require regular reports from the guardian to ensure the ward's needs are being met.  Another hearing will also be set to ensure that your guardianship plan is appropriate and being implemented.

 

 

Before pursuing guardianship, consider alternatives that might better suit your family member's needs, such as:

 

- Power of Attorney: This legal document allows someone to make decisions on behalf of another person while they are still capable of doing so.

- Conservatorship: If financial management is the primary concern, a conservatorship may be more appropriate, focusing specifically on financial matters.

-  Financial Protective Orders:This court order is appropriate under circumstances where you suspect your loved one has been financially abused. Talk to an attorney before filing a petition.

 

 

Deciding whether to pursue guardianship over a family member is a significant decision that requires careful consideration of their needs and rights. At Shortell Law LLC, we understand the emotional and legal complexities involved in guardianship cases in Alaska. Our experienced team is here to provide guidance and support throughout the process, ensuring that your loved one receives the care and protection they deserve.

 

If you have questions about guardianship or need assistance with the legal process, please reach out to us for a consultation. Together, we can navigate these challenging waters and advocate for what's best for your family member.  Call (907)272-8181 today.