When you are a minor, you will probably be asked to fill out a form that will ask you how you want to be handled in case you become incapacitated. This will be done so that a guardian can take care of your medical needs. There are different types of guardianship: emergency, plenary or limited. The type of guardian you choose will depend on your situation. You should consult with your parents, siblings, or a guardian lawyer to discuss your choices.
Emergency guardianship
Emergency guardianship is a type of guardianship that is quickly appointable to protect a vulnerable person in a time of need. In general, emergency guardianship is temporary, and can be granted for only a short period of time. If you think you or a loved one might need emergency guardianship, it’s important to know the steps in the process.
The most obvious reason to seek an emergency guardianship is to keep someone safe in the event of a medical emergency. This may be necessary in a variety of situations. Often, these cases are triggered by a medical or psychiatric event.
Another reason for an emergency guardianship is if an incapacitated individual is at risk of harm. For example, someone who is elderly, or suffering from dementia, might neglect their health care.
An emergency guardianship hearing is generally held within 24 to 72 hours. At the hearing, a judge will determine if the emergency guardian is necessary. Before the hearing, the person who is the protected will receive notice. During the hearing, medical experts, social workers, and family members will be called to testify about the situation.
The decision to seek emergency guardianship is often made quickly, but it’s important to prepare for the process. You’ll need to ensure that you have enough evidence to justify the petition.
Plenary or limited guardianship
A plenary or limited guardianship is an order issued by the court to an incapacitated person. The purpose of a guardianship is to protect the disabled person’s well-being. It involves decision-making about nearly every aspect of the ward’s life.
If a person has a serious mental illness or developmental disability, he or she may need a guardian. Depending on the severity of the disability, the person may be appointed a full or limited guardian. Generally, a full guardian is more appropriate than a limited guardian.
Plenary guardianship is the most common type of guardianship. This allows the guardian to make any decision on behalf of the ward. However, it removes from the ward some of the basic legal and civil rights. They may lose their right to vote, marry, divorce, enter into contracts, drive, and even buy or sell property.
Limited guardianship is less common. This is because it is harder to establish limits. Nevertheless, a guardian can still be appointed to assist a partially-capable individual in areas such as health care, food, and shelter.
Unlike a plenary guardianship, a limited guardianship does not remove the legal and civil rights of the ward. Instead, it delegates some of these powers to the guardian.
Powers of attorney or health care proxies cover decision-making needs
A Power of Attorney or health care proxy is a document that appoints an agent to make health care and other important decisions if you are unable to do so. It is a legal document that can help you save your loved ones from unnecessary heartache and expense.
The benefits of a POA are numerous. These can include access to your finances, changing investments and applying for government benefits. However, you may need an expert in estate planning or special needs law to ensure your documents are in order and that you choose the most suitable agent.
There are several types of Power of Attorney and health care proxies. A medical POA, or durable power of attorney for health care, is one example. This type of document names an agent to handle your medical needs if you become ill or injured and can’t make your own health care decisions.
Healthcare proxies, on the other hand, are more detailed documents that allow you to give your wishes to health care providers. They are similar to a medical POA, but may also contain instructions on end-of-life care.
A Living Will is another example of a healthcare document. Although a Living Will is not an advanced directive, it is an important document that gives family and providers insight into your preferences if you should become unable to communicate or make your own decisions.
