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By: Sipi Gupta | August 16, 2019

A guardianship proceeding can be very expensive, very time consuming, and very emotionally and physically draining—for the person who needs a guardian and the family members as well. This is because:

(1) A court petition must be filed.

(2) All interested parties must be served with notice.

(3) A court hearing must be held to review medical testimony and determine the capacity of the alleged incapacitated person.

(4) Guardians must be nominated and appointed.


With the increasing mobility of American families, the need to transfer guardianships between states is on the upswing. A new job (or military assignment), supports that better meet the ward’s needs, or even a more favorable climate are among the many motivations.


The Uniform Adult Guardians...

By: Sipi Gupta | August 06, 2019

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.


Power of attorney

A power of attorney is an estate planning document that allows a person you appoint to act in place of you for financial and/or health purposes when and if you ever become incapacitated. You may limit a power of attorney to a very specific transaction or you may grant full power to someone over all of your affairs. For more information about powers of attorney, click here.


Guardianship


If an adult becomes incapable of making responsible decisions due to a mental disability, the...

By: Sipi Gupta | May 16, 2019

Until a child reaches age 18, parents are their natural and legal guardians and have the legal authority to make medical, financial, and other decisions for their children. Most school personnel and health care providers will not question the authority of a parent of a minor child to make decisions, recommendations, and participate in all of the areas where a child needs to be represented. At age 18, an individual is presumed to have full capacity, unless otherwise proven.  As a  special needs child nears his or her 18th birthday, parents often wonder whether guardianship over their child is the best recourse. The short answer to this question is, “maybe.” At Gupta Law Firm we counsel against a knee-jerk reaction to pursue a guard...

By: Sipi Gupta | May 09, 2019

Yes! A power of attorney for finances is a document that gives someone – your agent – the right to act on your behalf, but sometimes it’s helpful to have two agents acting for you instead of one. Multiple agents who can act together are permitted, and your document can specify whether you will allow co-agents to act independently of each other or together.

By: Sipi Gupta | May 02, 2019

As a competent adult, you have the right to make your own health care decisions and appoint a trusted person, called a Health Care Surrogate, to make health care decisions for you if you become incapacitated. However, if you have not appointed a Health Care Surrogate and become incapacitated, the court can step in to protect your rights and appoint a Guardian to make medical decisions on your behalf. A Health Care Power of Attorney is considered an alternative to Guardianship, as giving your Health Care Surrogate the legal right to make medical decisions on your behalf can avoid the need for a guardianship for medical decision-making.