None of us know what life holds for us, but preparing for the unexpected offers peace and security.
Our Elder Law Attorneys Simplify Adult Guardianship in Lexington & Northern Kentucky
As we age, we all end up needing support for daily life in one way or another. Legal adult guardianship serves as an important tool in providing essential protection for anyone who may be experiencing challenges with mental disability or loss of faculties. Our adult guardianship attorneys focus on services that safeguard the well-being of adults who can no longer manage their affairs independently. From securing proper medical care to protecting financial assets and arranging safe living conditions, our team serves as a trusted advocate throughout the guardianship process. Consult with us today to ensure your legal protections align with your specific needs.
Services Offered by Our Special Needs and Elder Care Attorneys
Our elder care lawyers in Lexington & Northern Kentucky design personalized plans to meet the precise needs of our clients. Some of the services we offer include:
Careful planning is the best way to empower yourself and your loved ones when it comes to better standards of living.
Exploring Your Options for Guardianship
Adult guardianship for individuals with developmental disabilities should always prioritize the well-being of the legally disabled adult. The emphasis of guardianship should be to protect the individual’s personal, civil, and human rights while also empowering them to make decisions and act on their own behalf whenever feasible. Before seeking guardianship, it is essential to assess the specific challenges the person is facing. If the individual is disabled but capable of making some decisions, alternative options to guardianship should be explored to ensure the person’s autonomy and independence are respected to the fullest extent possible. Reach out to Elder Law Lawyers today to discuss these options and more and determine the best course of action for your circumstances.
Benefits of Legal Guardianships for Adults
Understand your options with the answers to these common questions.
Adult Guardianship FAQs
In Kentucky, a District Judge will appoint a guardian when someone (referred to as a ward) is declared legally disabled and unable to care for their personal needs or a Conservator to take care of financial needs. The guardian can be a friend or family member willing to take on the role of caring for the disabled individual. If no suitable person is available, the court may appoint the Cabinet for Health and Family Services as guardian.
Guardianship/conservatorship is often used by families to address the medical, financial, and mental health needs of a disabled person or minor child. The level of control in a conservatorship is determined by the individual’s ability to make decisions, ranging from limited authority to full supervision, similar to a parent-child relationship.
There are several types of guardianship in Kentucky. Limited guardianship, or a limited conservatorship, allows a guardian or conservator to make decisions in specific areas of a person’s life. The court assesses the capabilities and limitations of the individual, known as the ward, to determine where assistance is needed.
A limited guardian may be designated if the disabled person is partially incapacitated and needs support in certain areas. The court will specify which civil rights the individual can retain such as the right to vote, drive, make medical decisions, and choose their residence.
Legal guardianship for adults is determined in mental health court. A conservator or guardian may be appointed by the court to manage finances and personal matters. In most states, anyone can request guardianship for an individual’s well-being. Legal representation is provided for the proposed ward at a hearing in mental health court to determine incapacity and the need for assistance. A jury trial may be required. The court will then decide who should be the guardian or conservator to act in the best interests of the disabled person.
A Durable Power of Attorney (DPOA) is a legal document that grants another adult (the attorney-in-fact) the authority to make decisions on behalf of the signer (the principal). This document is critical for financial and legal matters and is recommended for all adults over 18 years old in case they cannot make decisions for themselves.
Spouses do not automatically have the authority to manage finances without a DPOA. Taking the necessary steps to create a DPOA is essential to ensure someone trusted can act on your behalf when needed.
Contact our elder care law firm to arrange a personalized consultation for an in-depth assessment of your needs.
Compassionate Legal Support Backed by Years of Experience
Setting up trusts and creating an estate plan are vital steps in ensuring that your loved ones are protected and your assets are distributed according to your wishes. Kentucky estate law is complex and full of nuances that can create complications for your family if proper legal documentation is not in place. Working with an attorney focused on elder needs law can make all the difference in empowering you and your loved ones with the services that preserve and elevate the quality of life. Don’t wait to make a plan—reach out to the Elder Law Lexington team today for your consultation.