If you know of an adult or a child who is in need of care and guardianship, it is encouraged that you fully explore all available options and alternatives prior to proceeding with an appointment. Guardianship can be incredibly beneficial to a wide variety of individuals who have differing needs or incapacities, however given the weight of the role and the hindering of legal rights, it is important to consider a variety of options.
For both the best interest of a guardian and for the ward, family members and loved ones should discuss all possible options with a qualified and experienced guardianship attorney. A knowledgeable attorney will be able to evaluate the circumstance and the needs of the ward, educate all parties on the options and collectively create a plan that best suits all needs. Given the weight of the position, guardianship is often considered a last resort when compared to alternatives such as a power of attorney, creating a trust or seeking community support.
Power of Attorney
A very common and popular alternative to guardianship is establishing a power of attorney. This occurs when an individual gives another individual the power and ability to make certain decisions and have specified duties or rights. These decisions usually encompass financial, real estate and health care decisions but can also be as broad or as narrow as an individual wishes. Many people choose to create a durable power of attorney, which proactively puts a plan in place and only becomes valid and legal in the event a person loses capacity. A power of attorney is a much faster and less invasive process and an attorney can help you establish a binding power of attorney quickly and effectively.
Social and Community Support
If a person has some capacity and is capable of managing the majority of their care, but may benefit from limited oversight or support, guardianship may be unnecessary as an option. A large amount of social and community support groups are available and may be able to sufficiently provide care for your loved one without establishing a guardianship. This option may not always be stable or reliable and is often difficult to coordinate; therefore it is always recommended to discuss your guardianship options and alternatives with a qualified attorney. An attorney will be able to adequately assess the details of your loved one’s circumstances and provide insight as to what is involved when choosing an option.
Contact Kansas Guardianship Attorney Tom McDowell to Discuss Your Best Options
Whether you are planning for the future, or there are needs your family is facing and your loved ones need support, our law firm can help. We have helped families and loved ones care for one another for over 40 years, and look forward to helping yours as well. Call Kansas Family Law Attorney Tom McDowell of McDowell Chartered Legal Services today at (316) 269-0746 to see how we can help you successfully establish guardianship or a power of attorney today.
