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The Betterment Group
The Betterment Group

Understanding Guardianship:

What is a Professional Guardian?

A professional guardian is a court-appointed individual or organization qualified to make decisions for someone who can't manage their own affairs. They are typically trained and licensed, acting in a fiduciary role with the respondent’s (the person under guardianship) best interests as the top priority.

Why is a Professional Guardian Needed?

In certain situations, individuals may require the assistance of a professional guardian to make important decisions on their behalf.

A professional guardian can provide the expertise and support needed to navigate complex legal, financial, and medical matters when an individual is unable to do so themselves.

By appointing a professional guardian, clients can ensure that their best interests are represented and that their needs are being met effectively and ethically. Whether due to incapacity, disability, or other circumstances, having a professional guardian can offer peace of mind and ensure that decisions are made in a responsible and professional manner.

When a professional guardian is appointed, the process typically involves the following steps:

  1. Petition: An interested party, such as a family member or social services agency, files a petition with the court requesting the appointment of a professional guardian for an individual who is deemed to be incapacitated and in need of a guardian.

  2. Evaluation: The court will evaluate the petition and may appoint an attorney to represent the alleged incapacitated person's interests. A hearing may be held to determine the individual's capacity and the necessity of a guardian.

  3. Background Check: The court will typically require the professional guardian to undergo a background check to ensure they have no conflicts of interest or disqualifying factors.

  4. Appointment: If the court determines that a professional guardian is necessary and in the best interests of the incapacitated person, they will issue an order appointing the professional guardian. The guardian will then be required to sign an acceptance of the appointment.

  5. Oath and Bond: The professional guardian will likely be required to take an oath of office to fulfill their duties ethically and in accordance with the law. In some cases, the guardian may also need to post a bond to protect the assets of the incapacitated person.

  6. Letters of Guardianship: Once the necessary requirements have been met, the court will issue the professional guardian a document known as "Letters of Guardianship," which officially authorizes them to act on behalf of the incapacitated person.

Here's a breakdown of what a professional guardian does:

  • Court Appointed: Unlike family members who might be appointed guardians, professionals are chosen by the court system. This happens when there's no suitable family member available or when a professional is deemed more qualified for the specific situation.

  • Decision-Making Authority: The court grants professional guardians the legal authority to make decisions on behalf of the respondent. The extent of this authority varies depending on the respondent's needs and the court order. It can involve decisions about finances, healthcare, living arrangements, and other important aspects of life.

  • Areas of Expertise: Many professional guardians come from backgrounds like law, social work, or financial management. This allows them to effectively handle the complexities of the respondent's situation.

  • Accountability: Professional guardians are required to act in the respondent's best interests and follow strict legal guidelines. They are also obligated to report to the court regularly on the respondent's well-being and the use of their resources.

 

At The Betterment Group,

We believe in better.

We understand that navigating the legal complexities of guardianship can be overwhelming.

That's why our team of dedicated professionals is committed to ensuring the well-being of your loved ones during times of need.

Our services are tailored to each individual's specific situation, and we work closely with families and legal professionals to create a supportive and dignified environment for those under our care. We believe that the work we are privileged do is important, and we treat our clients in the same manor that we would expect our loved ones to be treated.

The standard that we believe in, is simply to do and be better every day.

The Betterment Group

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Contact

jenn@advocating4them.com
208-292-9248