The attorneys at RTS Law Group are experienced at being a Guardian ad Litem. A Guardian ad Litem is one that represents the best interests of another. Guardian ad Litems are common in incompetency proceedings as well as lawsuits involving minor children. Guardian at Litems are generally neutral parties that act in the best interests of another.
Everyone prefers to choose how to live his or her own lives (where to live, what to eat, how to dress, etc.). Unfortunately, that may not always be possible. Incompetency proceedings are necessary when your loved ones may not have the ability to handle their own personal needs. This situation may arise in a number of ways. This can occur with a child that has special needs and that is about to turn 18 years old. This can occur with adults that have a mental illness. This can also occur with adults that have declining health, commonly suffering from Alzheimer's disease or dementia. Whichever the case, the standard that must be reached in order for a court to declare one incompetent is "clear, cogent, and convincing." This is an extremely high burden as the Court does not easily take away people's rights. The attorneys at RTS Law Group have the experience to guide you in the right direction and represent you in these complicated hearings so that you can help your loved ones get the proper care they need.
If your loved one is unable to make good decisions for themselves, they may need a Guardian to be appointed by the Court. There are two (2) types of Guardians: Guardian of the Person (GOP) & Guardian of the Estate (GOE). GOP's make decisions about the Ward's care, comfort, and maintenance, and shall, as appropriate to the Ward's needs, arrange for the Ward's training, education, employment, rehabilitation or habilitation. These Guardians shall take reasonable care of the Ward's clothing, furniture, vehicles, and other personal effects of the Ward.
Guardians of the Estate manage financial affairs. A GOE is needed when one has an acceptable amount of assets and cannot manage these assets by themselves. A GOE's duty is to take possession of the estate, pay all bills using the Ward's assets, and generally manage the Ward's property in the best interests of the Ward. Most GOE's are required to post a bond, with the amount of the bond being set according to the value of the estate.
To discuss adopting a loved one, contact us at (704) 552-4444 to set up a consultation.