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As a senior living in Alabama, have you thought about what might happen to you if you became seriously ill or injured and unable to care for yourself or make decisions for yourself? Or as you get older what will happen if you are no longer able to keep up with your necessary medications, your regular hygiene routine, or basic finances? Often, many seniors believe that a family member could step in and take over any needs they may have. However, it may not be that easy.
Unfortunately, often the law does not assume that your spouse, adult children, or other willing relatives, can make decisions for you. Therefore, while you have time and capacity, you should be sure to have proper documentation in place to accomplish this.
What exactly is a guardian? A guardian is a surrogate decision-maker that is appointed through a court-approved process. Often minor children who receive financial assets must be managed by an adult, usually in the form of a legally-appointed guardian, unless other planning has been arranged. Disabled individuals may also be subject to guardianship.
Many times a guardian may be a person or an entity, like a financial institution or non-profit organization, that is appointed to exercise the legal rights of a person who is considered incapacitated or unable to make their own competent decisions.
The guardianship process can involve filing a petition with a local court where the person needing guardianship lives. Once the petition is filed, the court will appoint an attorney to represent the person. An appointed committee of medical professionals will then examine the person and submit their findings to the court. Then the presiding judge will conduct a hearing and appoint a guardian if warranted.
The court can appoint an emergency temporary guardian when needed. If an institution is appointed, such as a bank trust department, then the institution can only make decisions about the property, not about the person himself or herself.
There may be laws that prohibit anyone, even family members, from becoming a legal guardian if they have been convicted of a felony, were judicially determined to have committed abuse, abandonment or neglect against a child, or have been found guilty, regardless of adjudication, in certain other offenses.
As an aging senior in Alabama, if guardianship is not desirable, there are alternative estate planning steps that seniors can take prior to incapacitation or incompetence. Meet and talk with your Alabama estate planning attorney in regard to the tools that can be put in your estate plan now in the event you were to become incapacitated due to an accident or illness. One of these tools is the power of attorney. Right now you can choose a trusted person, like a spouse or adult child, and give them the legal right to act on your behalf should you become incapacitated. You can also ask your Alabama attorney about a trust. Seniors who receive income from government benefits can authorize a “representative payee.” Other estate measures may also apply.
At the end of the day, legal planning is not just for you. Instead, it is for the ones you love most. If we can answer any questions for you on putting this estate planning in place, please do not hesitate to let us know. For more information, please reach out to our office and schedule a time to meet.