One of the most difficult moments in the life of any human being is seeing how the mental health of a family member or loved one deteriorates. However, when this happens, the lack of capacity of the person affected, and their inability to make decisions, is a legal problem for all those close to them. Today we will be explaining why it is necessary to create a guardianship.
In another blog we explained what guardianship was and who could be considered a guardian. For more information, please read our blog about it.
Now, why is it necessary to create the tutor-ward relationship? There are many procedures that require the person to make the decisions or start the process. Many times, the agencies try to ease the process, and give a family member the power to make decisions about that disabled person, but that is not always the case, and it may not be permanent. For example, the Social Security office may authorize the deposit of funds to the account of a relative of the disabled person, but this could be temporary. Similarly, banking institutions could temporarily authorize someone to deposit funds, and carry out some banking transactions for the care of the disabled person. However, if this person is not appointed guardian by the appropriate court, their ability to decide or make decisions is limited.
In the medical field, if a person is not directly related to the disabled person, they will be unable to request treatment for the disabled person, they will not be able to make medical decisions and they will not be able to access the medical history.
In the area of immigration, USCIS will not allow a person who has not been designated as guardian by a court, apply for immigration benefits, such as citizenship, so important to continue receiving benefits from the Social Security office.
Legally, if you have not been appointed as a guardian, you will not be able to file damages claims (if necessary). Nor will you have the power to respond to lawsuits filed on behalf of the disabled person. You will not be able to dispose of this person's assets, or carry out purchase and sale transactions, even for the care of the disabled.
The guardianship process is a process that is presented in court, and obtaining a final order, appointed the guardian, takes a long time, therefore, it is necessary to start the process, before you need to carry out any procedure, otherwise it will be exceedingly difficult to expedite the appointment of guardianship.
If you need help or to schedule a free consultation, call us today. We will answer all your questions and evaluate your case for free. In Y. Morejon Attorney, P.A. your problem is our problem.
Legal Disclaimer
Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.
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