Estate Planning |<\/a>\u00a0In the American legal system, all people have the right to make their own decisions. Whether you are<\/p>\n a defendant accused of a crime or a patient in the hospital, you have the legal right to decide how you<\/p>\n want to proceed. This autonomy is critical to a fair and just society. However, when people are no<\/p>\n longer competent, other legal measures may be taken.<\/p>\n When an individual no longer has the ability to make rational decisions, it is legally possible to appoint<\/p>\n someone else to make those decisions on his or her behalf. This process is called guardianship or<\/p>\n conservatorship. When guardians are legally appointed, they assume the power to make financial and<\/p>\n legal decisions for that individual.<\/p>\n There are a variety of reasons why a guardian may be appointed. In most cases, a guardian is chosen<\/p>\n to help out older individuals who no longer have the mental capacity to understand their options and<\/p>\n responsibilities. Many people start to suffer from memory loss as they age, making them more prone<\/p>\n to financial or legal mistakes. Various illnesses may also impede one’s cognition and memory.<\/p>\n Understandably, establishing guardianship is an involved legal process. After all, an individual is<\/p>\n having his or her rights taken away. The individual in question must be notified of the proceedings,<\/p>\n and he or she should also have legal counsel. If the individual is not in agreement with the<\/p>\n guardianship, he or she will have the right to submit their own evidence to the court.<\/p>\n Guardianships can also vary depending on the outcome. Some cases may remove all legal rights while<\/p>\n others may only provide guardianship in certain contexts. For example, an individual may concede<\/p>\n financial guardianship but retain the right to make his or her own medical decisions. Guardianship may<\/p>\n also be established as part of overall estate planning. Because of these factors, it is important to<\/p>\n pursue guardianship or estate planning with the help of a lawyer you trust.<\/p>\n <\/p>\n\n\n\n\n