A Guardianship may be required for anyone who is faced with incapacity due to a medical condition but who does not have a Financial and Health Care Power of Attorney in place. Guardianship can also be necessary when a child with a developmental disability turns 18 and becomes a legal adult. In either case, the family needs to ask the court to appoint a guardian who can make decisions and take care of medical and financial affairs.
Advising a family seeking guardianship involves working through issues related to the particular situation and how the guardian, care providers and possible government benefits will coordinate. It also includes:
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