In situations where an incapacitated individual has not drawn up any advance directives ( health proxy and/or power of attorney) but there is a need to act on his or her behalf, concerned family members are often forced to go to court to seek guardianship. In this proceeding, the court appoints a guardian to assist the incapacitated person (also known as the ward). The guardian’s actual powers are determined by the court, and can range from managing the ward’s financial affairs (such as paying bills, making investment decisions, or transferring assets) to making health care decisions (such as supervising home care, institutionalizing the ward, and deciding treatment options). Like the previously described instruments, the guardianship can be tailored to the specific needs and circumstances of the individual.
The Law Office of Michael Camporeale, P.C., can provide this service and bring the appropriate court action when the alleged incapacitated person has failed to properly plan and the family requires the proper legal authority to act on a loved ones behalf.