There are times when an adult becomes unable to manage their affairs. Or there are cases when children who have a mental or physical disability need continued assistance even after they reach the age of adulthood. The help people in these situations need requires legal authority to execute. That authority can come in the form of guardianships.
RCG Law Group gives all our clients personalized attention and understands that every family faces its own unique set of legal concerns.
Our South Jordan guardianship lawyer has been practicing family law for over 13 years. Call us today at (801) 396-9656 or reach out here online to set up a free consultation. RCG Law Group also serves clients throughout West Jordan, Draper, Sandy, and surrounding areas.
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A guardianship essentially authorizes the guardian to act as though they are the person whose care has been entrusted to them. A prime example comes in the management of financial affairs. The person legally authorized as the guardian is able to write checks, withdraw funds, and execute stock transactions in someone else’s name. The guardian may have authority over medical decisions, including end-of-life issues.
Different people require different levels of care. The state of Utah recognizes this by having two separate means of guardianship. In the case of full guardianship, the designated guardian has broad authority to act in most any area on behalf of the person they are caring for. There are also limited guardianships, which tighten the scope of authority.
An example of how the two types of guardianship might illustrated by looking at one case that involves an Alzheimer’s patient, and other who is dealing with a serious, long-term physical disability. The Alzheimer’s patient quite likely requires full guardianship.
In order to gain guardianship authority, a petition must be brought before a judge by our South Jordan guardianships attorney. This process will be necessary even if power of attorney decisions have already been made. The reason is that it still must be determined if the adult whose care is being discusses has truly reached the level of incapacitation. Establishing this requires bringing a doctor’s evaluation into court. If one is seeking guardianship authority over a minor about to turn 18, the written evaluation may need to come from a school psychologist, physician, or other professional who can credibly assess the child’s needs going forward.
Petitioners should be aware that the process of gaining court approval can take at least 3 months, so acting sooner rather than later can be beneficial. Above all, though, petitioners must know that the authority they seek comes with serious legal responsibilities. Guardians have a fiduciary duty to act in the best interests of the person they represent. If an outside party—for example, a sibling who may disagree with how a parent is being cared for—believes this duty is not being met, the guardian can be held liable in civil court.
Leadership & Counsel From a South Jordan Guardianships Attorney
RCG Law Group knows that the situations which trigger guardianship discussions are sensitive, and can be difficult to talk about. Attorney Ryan Gregerson also knows that what people need from their lawyer is compassionate leadership. They need to know that their lawyer has a deep understanding of the law, procedure, and understands how to work a petition through the court system. Clients find what they are looking for at RCG Law Group.
Call today at (801) 396-9656 or contact us online to set up a free consultation.