Guardianship Attorney for when there is no Health Care Proxy
In an emergency or temporary guardianship, any person with an interest in the potential ward’s well-being can request appointment by the court. In emergency situations,the individual petitioning the court for guardianship must prove that the potential ward has become incapable of making decisions and to what extent his incapacitation runs. Sometimes, the guardianship is limited for a specific purpose or for a limited time period. In this case, the guardianship terminates once the particular duty has been fulfilled or when the time period expires.
Testamentary Guardian for Minor Children in Legal Will
A guardianship is strictly for purposes of decision-making. A guardian has no right to custody and owes no financial obligations to the ward. In Massachusetts, guardianships are no longer granted to control the management of a ward’s financial affairs. This is a separate proceeding in which a conservator is appointed. Depending on your future plans and specific needs, you may wish to employ a less-restrictive alternative to a guardianship or conservatorship that does not require a lengthy and expensive court proceeding. This may include a Durable Power of Attorney, a Healthcare Proxy, a Living Will, or a Trust.