When a loved one is no longer capable of caring for themself, you need to make difficult decisions regarding guardianship.
Will the loved one willingly grant guardianship to a person that can safely care for them, or will they fight it? Who is best capable of providing guardianship? Are there options other than guardianship that can protect your loved one just as well?
Don’t try to answer these questions on your own. Speak to the Canton guardianship lawyers at Slater & Zurz. Our compassionate and experienced guardianship attorneys have handled hundreds of guardianship cases. We can help you make the big decisions that are necessary to protect your loved one.
We offer many resources and can introduce you to all the available options for your loved one. If guardianship is the best option, our guardianship lawyers in Canton, Ohio, will streamline the process and do everything in our power to get guardianship assigned promptly.
Guardianship is one of the more effective ways to protect the health and well-being of someone who has lost their ability to make safe decisions for themself.
When the court grants you guardianship, you gain control of the decision-making power for another person. You are expected to make decisions that are in that person’s best interests; if you don’t, your guardianship will be removed.
But as long as you are looking out for that person’s best interests, no one else, including that individual, can dispute your decisions.
This arrangement protects a wide variety of individuals, including people who are:
- Suffering from dementia or Alzheimer’s disease
- Too young to make their own decisions
- In a coma
- Unable to communicate their wishes due to injury or illness
- Suffering from a mental disorder
- Prone to self-harm
Because you have complete control of their finances and health choices, you can get the medical treatment they need or move them to a place where they have constant supervision.
You can’t just decide that you are the guardian of a loved one, no matter how much they may need a guardian. You must convince a court that your loved one is incapable of making their own decisions and that you will act in their stead with their best interests in mind. Usually, this will require the assistance of an experienced guardianship lawyer.
A Slater & Zurz attorney for guardianship in Canton will file the proper motions with the court and represent you in front of a judge. Your guardianship lawyer will also help you gather the various pieces of evidence that will convince a judge of the need for guardianship and your qualifications to be a guardian.
Without a Slater & Zurz family law attorney representing you, there is a good chance you will say something that will harm your case and prevent you from helping your loved one during their time of need.
It is much easier to get guardianship if your loved one willingly grants you guardianship. When that happens, the judge is much more likely to approve the guardianship because it follows the wishes of the person losing their rights.
However, even when guardianship is entered into willingly by all parties, you should hire a Slater & Zurz lawyer for guardianship. Our experienced attorneys will ensure that all parties understand their rights and responsibilities and that the agreement meets the needs of the person being put under guardianship.
While a judge is more likely to approve a guardianship that is entered into voluntarily, a voluntary guardianship often has more complications than one not entered into voluntarily.
For example, many voluntary guardianships don’t start immediately. It is common for this type of guardianship to start as a grant of power of attorney, which turns into guardianship only when the person in need is fully incapacitated.
Other voluntary guardianships may include clauses that dictate certain financial or health decisions that the guardian can’t overrule.
When a guardianship agreement has legal complexities like these, a Slater & Zurz guardianship lawyer in Canton, Ohio, will be able to create a legal agreement that protects the interests of all parties involved.
If you believe you will require guardianship in the future, call (330) 968-2547 today, and a Slater & Zurz guardianship attorney can tell you all of your options.
Guardianship isn’t the only way to protect a loved one who cannot safely make decisions for themself. One possible alternative is if the loved one grants enduring power of attorney to someone who has their best interests in mind. This doesn’t require a judge’s approval and allows the person to make some decisions.
It also isn’t an antagonistic process. You aren’t forcing the other person to surrender their rights. A Slater & Zurz guardianship lawyer in Canton will help you decide which option is best for you and will help you make the arrangements once you have made your decision.
Unfortunately, some people will apply for guardianship even when it isn’t in the best interests of the person for whom they would become a guardian. And even worse, some judges can be convinced to grant that guardianship.
Slater & Zurz guardianship attorneys will fight to help you keep your rights if someone is unreasonably trying to steal them from you.
We have experienced investigators who can find evidence that the other party doesn’t have your best interests in mind. We look for evidence like:
- A history of abuse
- Financial problems that may indicate they are just after your money
- Posts on social networking sites that show their bad intentions
- Past incidents of antagonism toward you
- A workload that shows they don’t have the time to give you the attention you need properly.
If the party that is trying to obtain guardianship isn’t qualified to be your guardian, we will fight for your freedom.
Even if they will protect your best interests, that doesn’t mean you should be forced to accept their guardianship. If you can still make financial and healthcare decisions independently, you shouldn’t be subject to guardianship.
You may require some assistance, but that isn’t the same as being incapable of making decisions. Our attorneys for guardianship in Canton will prove you are capable.
Although all practicing attorneys can legally act as estate administrators, not every lawyer chooses estate planning and administration as a practice area. Start by looking for experienced and respected estate planning law firms, like Slater and Zurz.
When you begin drafting a will, living will, power of attorney, or trust, you may also ask your lawyer whether they offer estate administrator services.
You will have greater peace of mind knowing that a professional will oversee your estate when you pass. Additionally, an unbiased professional may be better able to mediate disputes between your heirs.
It’s difficult to give an exact cost estimate to retain the services of a qualified guardianship attorney. The cost varies depending on whether the guardianship is relatively easy to establish or if it requires a protracted court fight.
If the person who would be subject to the guardianship, or another party, contests the guardianship, it could result in significantly more work and court appearances. The cost of guardianship would be significantly higher in that case. Contact Slater and Zurz for a more detailed estimate.
When a loved one with dementia refuses to grant guardianship or power of attorney, they are putting themselves in danger. You need to immediately hire a guardianship lawyer in Canton, Ohio, and petition the court for guardianship.
It can be heartbreaking to prove that a loved one can no longer safely make decisions for themself. But if you don’t, they will likely suffer harm due to their incapacitation.
Why Choose the Guardianship Attorneys at Slater & Zurz?
At Slater & Zurz, our Canton, Ohio, guardianship attorneys have handled many of cases across the state of Ohio. We are proud to have helped many people create guardianships that protect their loved ones.
Our clients come to us because we have compassionate Canton family law attorneys that will only support guardianship when it is in the best interests of all parties involved.
In addition to protecting the rights of everyone involved, we also have a talent for stripping away the red tape involved in guardianship. We remove the confusing legal jargon and give our clients straightforward explanations of their options.
Once a decision is made, we work quickly and efficiently, so your loved one doesn’t have to wait years to get the help they desperately need.
Whether considering guardianship for yourself or a family member in need, you owe it to yourself to get as much information on the topic as possible. Call a Slater & Zurz Canton guardianship lawyer at (330) 968-2547 to get the necessary information.