A guardian can control many aspects of another person’s life. As such, courts will only grant the power of guardianship when it is clear that an individual cannot care for their own well-being. Any person who seeks guardianship of another adult must understand the process of proving incapacity, including evidence that a court will require when making this decision and the responsibilities that being a guardian involves.
Knowing your loved one is unable to take care of themselves can be difficult to process. Proving that a loved one requires guardianship may add to these challenges, but a dedicated guardianship attorney is here to explain how and why courts grant this authority. If you believe that a family member or loved one requires this protection, reach out to a compassionate lawyer today to learn more about proving incapacity in Mount Laurel.
When to Consider Guardianship
Individuals have the legal right to control their own affairs. Courts will only change this dynamic if it becomes clear that an individual can no longer make reasonable and safe decisions for themselves. A guardian could be responsible for the physical well-being as well as the financial affairs of their loved one.
The inability to make safe decisions often results from physical injury. For instance, if an accident leaves someone in a coma or non-responsive state, guardianship allows a loved one to represent that person’s will and be responsible for their well-being. It is also possible that cognitive health concerns, such as Alzheimer’s Disease or dementia, lessen a person’s ability to make decisions and care for their own needs.
Regardless of circumstance, this change requires that someone requests guardianship over another person. A guardianship attorney in Mount Laurel could further explain what circumstances may lead to incapacity and what options are available for family members.
Evidence Needed to Prove Incapacity
Courts carefully evaluate petitions for guardianship, and a critical element of these proposals is proving that the proposed ward is incapacitated. According to state law, a person is incapacitated when they are unable to govern themselves and manage their affairs.
Anyone seeking guardianship powers must demonstrate that the proposed ward meets this definition of “incapacitated.” Evidence of this condition may include:
- Medical records
- Therapy notes
- Doctors’ opinions
- Information about the proposed ward’s living situation
- Family member testimonies
It can be emotionally and logistically challenging for a family to collect this evidence, even if they know guardianship may be in the best interest of their loved one. Our Mount Laurel attorneys could speak with doctors, therapists, and any relevant parties to help prove incapacity and begin the process of establishing a guardianship.
An Attorney Could Help with Proving Incapacity in Mount Laurel
Guardianship powers can take away another person’s right to make their own decisions and control their own affairs. As a result, there is a heavy burden of evidence to prove that a guardianship arrangement is required. Other concerned family members have the right to weigh in on the idea, and the court may appoint an attorney to represent the ward’s interest.
A seasoned guardianship lawyer could support you in making this difficult decision and answer any of your questions about proving incapacity in Mount Laurel. Call today to discuss how we can help you and your loved one.