If your elderly parent needs supervision and protection, or your disabled child is reaching adulthood, Coeur d’Alene attorney James Bendell can assist in establishing guardianship over that family member’s finances or personal care.
Guardianship is a legal proceeding in which a judge appoints a family member or other individual to make decisions on behalf of an incapacitated person. There are two types of guardianships: Guardianship of the Person (oversight of personal and medical care) and Conservatorship (control of finances). The court may place both responsibilities with one guardian.
There are two common scenarios in which guardianship is warranted:
- Mom or Dad is in failing health or diminished mental capacity, unable to manage their own care, and perhaps being exploited by a family member or caregiver.
- A child with developmental disabilities is approaching or has reached age 18, and lacks the mental capacity to manage money or live on their own without supervision.
If you suspect abuse or financial exploitation of an elder, James can help immediately. He can secure a court hearing on short notice to obtain temporary guardianship or a restraining order to protect your loved one’s assets.
A formal hearing will follow to determine if guardianship should continue. The court will appoint an attorney to represent the interests of the ward. The court will also appoint a visitor to interview the ward and proposed guardian, and visit the place where the ward will be living. James will coordinate with doctors and other professionals to gather the evidence needed to convince the court that the person should be under guardianship for his or her own best interests.
James Bendell is an experienced guardianship attorney serving clients in North Idaho. He can intervene quickly in urgent circumstances or sit down with you to discuss arrangements to oversee the affairs of a loved one.
The spouse or partner, a sibling, a family friend, or the ward may object to the guardianship. They may disagree it is a necessary step, or they may feel that the appointee is not fit or acting in the person’s best interests. James Bendell can represent any of these parties in contested proceedings.
There is much he can do right away to protect your loved one — from themselves or from those who would take advantage of them. Call Coeur d’Alene attorney James Bendell at 208-665-4600 or send a quick response email for a free initial consultation on your legal guardianship case.