巴特勒县监护律师监护 Attorney Serving Clients in Western Pennsylvania
At Heritage, we are proud to help families navigate the guardianship process. 监护 is the government’s rule book for getting control of the decision-making process over another individual for financial or healthcare purposes. 通常, the guardianship process is unnecessary if some very basic estate planning tools are in place, such as a financial power of attorney or a healthcare power of attorney. 不幸的是, some family members never get around to putting these basic documents in place and are left with no other legal option other than to ask the court for help. If you have questions regarding the guardianship process, 联系 遗产长者法 & 推荐十大正规网赌网站.
什么是监护?
监护 is awarded when someone no longer has the mental capacity to make sound decisions and the process consists of removing another person’s legal ability to make decisions for themselves. It is a very stressful and sometimes expensive undertaking to pursue.
了解监护程序
The process begins with drafting a petition and the petition has to be explained in person to the one you’re looking to get authority over. After that petition is drafted and explained, it gets filed with the court. The court wants to make sure that everything is appropriately heading in the right direction, so they appoint an attorney for the alleged incapacitated who acts as an advocate for the best result for that individual, 不管是什么.
Once this step is completed, a date is set to appear in front of the judge. 可能是一个月，两个月，甚至三个月之后. 在法官面前出庭时, an expert must testify as to the medical condition and the mental incapacity. The incapacitated person has the option to be there and rebut the allegations of incapacity. The petition to the court must explain the nature of the assets and who is looking to get control of those assets. The person looking to control the assets must disclose their financial information as well. Depending on the familial relationship, there are requirements of who should be notified. Each county is not often the same as the procedure and process of local rules of court can vary greatly.
Should the judge take all the evidence into consideration and believe that the allegations of incapacity are true, he has the option of granting a guardianship petition and giving the decision-making authority over just the finances, 只是医疗保险还是两者都有.
然而，这个过程还没有结束. 被指定为监护人后, you have to account for all the finances within a period of time and then yearly thereafter. Documentation on how money is spent and how much is left must be kept, and the judge or the court controls that process indefinitely.
监护 should not be undertaken lightly as instituting a guardianship while someone still has capacity can have severe and lasting repercussions for a family.
紧急监护
In a rare situation, an emergency guardianship may be warranted. An emergency guardianship is only granted when a situation develops where, 如果法官不批准立即救济, severe and irreparable harm will occur to the individual. This would be a situation where someone is likely to pass away or experience some extreme physical detriment should the situation not be brought under control.
推荐十大正规网赌网站的巴特勒县监护律师
The bottom line is that whether you are a parent of a minor or someone who simply wishes to have peace of mind knowing you will be cared for if need be, 监护人是一个奇妙的工具，在你的处置, 我们可以帮助你在需要的时候利用它们. If you believe that you are ready to establish a guardianship or you are ready to begin any other aspect of the estate planning process, 联系 遗产长者法 & 推荐十大正规网赌网站. 我们总是在这里帮助你——你所要做的就是开口.
