Can I limit the powers of a guardian?

Watching a close relative decline in health or mental ability can be painful, perhaps made worse because you know you may have to ask a court to appoint a guardian for your loved one. Establishing guardianship means removing rights from your relative. However, you may not know that you can limit how much power a guardian can have.

The Hall County website explains what to do if you want to make sure your loved one does not lose too many rights to a guardian.

Limiting power in a petition

The first step to have a court appoint a guardian is to file a petition. If you live in Gainesville, you may do this by completing a form provided by the Hall County Probate Court. You should include on the form exactly how you want to limit the guardianship. You should also let the probate court know about your loved one’s capabilities. This information helps the court determine how many rights your relative should retain.

Different powers for different roles

Be aware that a guardian does not have full authority over your loved one’s affairs. While a guardian has power over medical decisions for your loved one, a conservator has power over your relative’s finances. In some cases, a judge will decide that a person only needs a guardian but not a conservator, and vice versa.

Still, there will be times when a person requires both a guardian and a conservator. If you suspect your loved one will require this kind of protection, consider how to limit the powers of both positions to ensure your loved one has as much freedom as possible.

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Kevin Tharpe

With 25 years of experience, Kevin understands how estate planning, special needs planning, and government benefits programs work together. This is a crucial element of a thorough plan. He explains your eligibility for benefits programs and ensures that you do not make costly mistakes that may disqualify you or deplete your assets.

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