Offering Guardianship Legal Guidance
In addition to our estate planning and probate services, the Law Offices of Bonnie M. Benson, P.A., provides clients with caring, knowledgeable and reassuring advocacy and guidance through the intricate process of applying for guardianship in Camden, Delaware.
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Reasons our Kent County and Sussex County clients seek a guardianship for a loved one include:
- An elderly parent or other loved one is no longer capable of making decisions for herself or himself
- A disabled or mentally handicapped minor child turns 18, and caregiving parents must go through a formal guardianship process for the adult child
- A minor child has lost her or his parents in an accident, or the parents are unable to care for the child and he/she needs a guardian
What Does Guardianship Do For My Loved One?
Guardianship allows you to make decisions for your loved one and take action to make sure his or her basic needs are met, wishes carried forward and quality of life made as comfortable as possible. It establishes a spending allowance based on your loved one’s needs, that can allow you to pay the bills and make medical decisions on behalf of your loved one’s best interests. Should you need to go beyond the limit allowed, there is a process for that, which we handle. Guardianships are regularly monitored by the courts.
Our attorney may be able to spell out in your will through a clause in your power of attorney that you do not want to have a guardian if the issue arises.
Steps To File For Guardianship In Delaware
Understanding the legal process is crucial so you’ll know what to expect. These are the steps involved:
- Medical evaluation: You will need a medical evaluation from a doctor who documents the limitations affecting your relative.
- Application: You will file a formal application with the court outlining why intervention is necessary and identifying the guardian.
- Notifying relatives: The ward and their close relatives will be notified, and they can review the request.
- Lawyer appointment: The court appoints an independent legal advocate who interviews your relative and submits a report detailing findings.
- Hearing: In some cases, a judge may order a hearing based on the submitted paperwork and the report from the court-appointed attorney before granting decision-making authority.
Filing comprehensive medical documentation provides the court with clear evidence regarding your relative’s condition. This record allows the judge to tailor the order so it grants only the specific authority required to keep your loved one safe.
Alternatives To Guardianship
If you don’t want to get a court involved, there are options that may help you support a vulnerable relative while preserving personal independence. If your loved one retains mental capacity to sign documents, they can draft a caregiver agreement to delegate specific decision-making authority.
Additionally, establishing a medical directive allows your loved one to choose someone to manage healthcare treatments. They can also set up a special needs trust to manage assets without court oversight.
Efficient, Thorough, Cost-Effective And Caring
For more than 26 years of legal practice, lawyer Bonnie M. Benson has had many clients rely on her for guardianship guidance and support. Our experience allows us to be efficient, thorough and cost-effective, while fully explaining the process. We are always flexible and responsive to your needs and timing.
Your initial consultation is a time for you to ask questions and gain a broader understanding of what guardianship may mean for you and your family. This information can help you make an informed decision about how to proceed regarding your loved one’s legal status.
Common Questions About Guardianship
Understanding guardianship proceedings may help your family make informed choices during this time. Below, we answer some common questions about this process:
How long does it take to get a guardianship approved in Kent or Sussex County?
The standard approval process in Kent County and Sussex County takes two to three months. However, judges issue emergency orders within days if your relative faces immediate danger.
Are there alternatives to a formal guardianship in Delaware?
If your relative can still make decisions on their own, they can legally establish a durable power of attorney or living trust. These legal protections give designated family members immediate authority over financial and medical decisions while completely bypassing a long, expensive court process.
What medical proof does the Delaware court require to declare someone incapacitated?
The court demands a written statement from a licensed physician describing the medical condition. It should explain why the ward can no longer manage their personal care independently.
Delaware courts require physician affidavits based on medical exams conducted within 90 days of filing. This is why it is important to schedule doctor evaluations early to reduce the risk of delays.
When You Need Us, We Are There
When you need help assisting those you love, you can count on our caring, capable and experienced legal advocacy. Call 302-549-0160.