What does it mean for a person to be "incapacitated"?
A person is incapacitated when they cannot take care of their personal financial decisions, ensure safety, and carry out any medical needs. At times, the situation may even be that the incapacitated person cannot manage everyday activities such as feeding or personal hygiene. Erie County requires that an affidavit from a physician clarifies whether someone is considered incapacitated or not. If you are seeking to gain adult guardianship, it will be required by the judge to prove that the person is incapacitated.
What are my guardianship options?
Plenary guardian refers to when a person is approved as both the guardian and the guardian of the estate of the ward, meaning he or she can handle health and financial matters. A limited guardian is a person whose powers are typically limited by the court to being either guardian of the person or guardian of the estate of the ward. An emergency guardian refers to a person whose powers are typically limited to the purposes of immediate medical care for a temporary, limited amount of time.
Can I appoint legal guardianship to my children if something were to happen to me?
When creating a will, parents should have the opportunity to designate legal guardianship to children in case of an accident or death. Although each parent's wills should entail the same person as the legal guardian in order to be valid. Designating guardianship within wills helps the Court to determine the intent of the parents who aren't able to care for their children anymore.
What are the rights and responsibilities of a legal guardian?
The guardian of a child have the same duties and responsibilities of a parent. The guardian controls who the children can interact with, any medical care, and education. In regards to adult guardianship, the guardian would essentially be a care giver and also have control over financial assets. As a legal guardian, there is a duty to make decisions only in the best interest of the children or incapacitated person and any actions taken have to be justified with good reason.
Is temporary guardianship possible?
In the absence of an emergency, the Court does not issue guardianship temporarily. Although in the case of an emergency, a Judge might issue a temporary guardianship but will later hold a final hearing to determine permanent legal guardianship. A guardianship is capable of being changed or revoked since situations and people change over time.
