Overview of Guardianship and Alternatives to Guardianship
Overview of Guardianship and Alternatives to Guardianship
Overview of Guardianship and Alternatives to Guardianship
Resource Description
Introduction: This video is a one-hour training that helps lawyers learn about guardianship. The training explains what guardianship is and what other choices exist besides guardianship. It helps lawyers teach their clients about guardianship and guides them through the process. Many lawyers help set up guardianships or help caregivers decide if they should become guardians.
Resource Summary
Content Summary: The training explains how guardianship works and what guardians can and cannot do. A guardian is someone the court picks to help make choices for a person who needs support. Some states call these helpers "conservators" instead of guardians. These helpers can make choices about the person's care, money, or property. Before turning to guardianship, the training suggests trying simpler options first. These options work when a person can still make their own choices. Some examples are setting up a power of attorney, picking someone to make health choices, or creating joint bank accounts. These options help people keep control over their lives. The training then explains what happens if these simpler options don't work. In these cases, someone must ask the court to set up a guardianship. The court looks at whether the person can make good choices for themselves. The law calls this "capacity." The court must tell the person about the guardianship request. The person can say no if they don't want a guardian. If the court agrees that someone needs a guardian, they will pick one. But guardianship isn't forever. The court can change what the guardian can do or end the guardianship if needed. Sometimes, people agree to have a guardian help them. This is called a voluntary guardianship. These work best because the person helps choose how they want to be helped. The training ends by explaining what guardians must do. It covers how guardians must tell the court about their work and where to find more help. The main message is that guardianship should be the last choice, used only when other options won't work.