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When is a Guardianship Needed?

Irvine Probate Law > Estate Law  > When is a Guardianship Needed?

When is a Guardianship Needed?

Often times, people pertain to our office looking for assistance about how to handle a member of the family whose irregular or eccentric habits is causing issue.

Where do you fix a limit between being eccentric and requiring intervention?
It’s time to step in when there is real physical danger– when an individual’s behavior has put him or her in a state that could trigger genuine harm.

For example, a woman lives alone in her home and refuses to come out, does not eat properly, and does not take prescribed medication. Your house is extremely dirty and cluttered. That type of habits without any sort of intervention would result in death.
Or maybe a male roams out in the middle of the night in his pajamas when it is 20 degrees outside. He does not understand where he is and doesn’t keep in mind where his house is. That sort of behavior would put him in danger.

It’s time to step in when someone has a mental-health issue– normally dementia– that has resulted in dangerous habits. For instance it is not unusual for a person with dementia to act out in a violent way since of paranoia and delusion. She or he may physically assault a partner or caregiver.
It’s time to action in when an individual has shown a severe lack of judgment when it comes to cash and is at risk for ending up being impoverished. This is frequently an individual who has actually been the victim of some sort of monetary abuse. Maybe a member of the family or someone who’s been offered access to the person’s bank account has actually taken cash from the account. Maybe a deceitful person has deceived the person.

What about an individual who addicted to a house shopping show on tv? Is that a factor to step in?
But if she is spending what she can pay for or perhaps a bit more– well we have actually all been foolish. We may not like what the person is making with his or loan, however we need to remember that a qualified person does can invest his/her cash. Nevertheless, it is really difficult for adult kids to see their moms and dads doing something that the moms and dads would have informed them was stupid.

One thing to be knowledgeable about is behavior that is uncharacteristic. For example, say if Mama has never offered elegant gifts and has actually constantly been evenhanded with gifts to her kids. Unexpectedly one of her children is driving a Porsche that he states Mother offered him as a gift. This may be an indication that something is amiss. Does Mommy remember giving him the automobile? Is she completely aware of what she is doing or is she confused?
The time to take action is when the behavior is putting a person at danger for going through all his/her loan and having absolutely nothing left to survive on. These are all great examples of circumstances where a guardianship should be explored.

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