Index
Beverly M. Helm, JD, LLM
Illinoise (630) 690-7322
Michigan: 248-647-7960
BevHelm@aol.com
Special needs trusts,
wills,
powers of attorney and guardianships
20 years of experience
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Attorneys
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LEADING BRAIN INJURY LAW
FIRM
RESULTS OF PROVEN TECHNIQUE,
DEDICATION AND HARD WORK
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Tompkins & Associates
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 9/11/01
Guardianships
protect the legal rights and interests of individuals who are not competent
to understand or to manage their own affairs.
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The most common problem for families following a head injury is determining
how to pay for past and future medical expenses.
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A head injury might undermine the the ability to make legally competent
decisions concerning disposition of property and other financial resources.
Such a state, whether temporary or permanent can interfere with the ability
to obtain medical care.
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A head injury can seriously impair the ability to understand or to manage
ones affairs.
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For this, and/or other reasons, a Guardianship may be needed.
Guardianship or Limited Guardianship.
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A Guardianship is a special relationship in which the Court appoints
a Guardian to protect the legal rights and interests of a person who is
not competent to understand or to manage his or her own affairs (the beneficiary).
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A Limited Guardianship may be used when the injured person needs
protection and assistance, and is not legally incompetent. In many cases
of severe head injury a full Guardianship is necessary.
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Your attorney can assist you in determining whether a Guardianship or Limited
Guardianship is necessary.
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A finding of incompetency may be psychologically damaging to the injured
person (the beneficiary). Therefore, the appropriateness of a Limited
Guardianship should be first considered before applying for a full Guardianship.
A Guardian's Rights and Responsibilities:
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The Guardian has the right and duty to consult with legal and financial
counsel and should do so whenever necessary.
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The Guardian should be emotionally able to handle the decisions that will
need to be made on behalf of the beneficiary. In most cases the Court appoints
a family member as Guardian.
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The Guardian should be a person in good health that has good business sense,
but he or she does not need to have special knowledge or expertise business.
Setting Up a Guardianship:
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Once it is determined that a Guardianship is necessary, your attorney will
assist you in preparing the documents and appearing before the Court to
begin the Guardianship.
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Upon receiving a Petition for a Guardianship, the Court routinely appoints
an independent third party, usually an attorney, to investigate the need
for a Guardianship and report back to the Court.
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This third party is called a Guardian ad litem. After the Guardian
ad litem reports back to the Court, a short hearing is held before the
Court, and if no dispute exists about the need for a Guardianship or the
proposed Guardian's qualifications, the Court will approve the Guardianship.
Usually a fee is charged for the Guardian ad litem's services.
Status of the Guardianship.
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Your attorney can assist you both in determining bond premiums charged
by insurance companies and in preparing and presenting the Guardianship.
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An initial filing fee is usually required to begin Guardianship proceedings.
Attorney fees and the cost of the Guardian ad litem's investigation and
report to the Court vary depending upon the complexity of the Guardianship
and the amount of time needed to do the work.
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Usually the Court will require the appointed Guardian to post a bond in
an amount sufficient to cover the value of the injured person's assets.
Often the Court requires a yearly report by the Guardian.
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When you consult an attorney about a Guardianship, make sure you discuss
all costs and fees that will be involved in the process.
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The Guardian arranges for the medical treatment and care of the injured
person as well as managing the person's property and assets.
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Generally the Guardian may use these assets to provide for the injured
person's everyday living expenses and medical care.
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However, most transactions including sale or lease of the injured person's
property require the Court's approval.
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The Guardian may bring any legal action, such as a personal injury suite
on behalf of the injured person.
This is a bare bones introduction to Guardianships,
you should consult a qualified legal professional for further assistance
in this regard.
READ our
Disclaimer
and Privacy notice before proceeding!
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This
site was created and maintained by:
Brain
Injury Resource Center
PO Box 84151
Seattle, WA 98124-5451
206-621-8558
http://www.headinjury.org
brain@headinjury.org |
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