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Southern New England's Certified Elder Law Attorney

Rhode Island, Connecticut, and Massachusetts Certified Elder Law Attorney

Guardianships
What is a Guardian?

A guardian is an individual appointed by the court to make decisions regarding health care and personal matters for an adult who is deemed incapacitated. In most states, statutes define "incapacitated" as the inability to make or communicate the necessary decisions to ensure the individual's physical health and safety.

Typically, a guardian is a family member or an attorney designated by the court to manage decisions on health care, personal affairs, and financial matters for the individual. The guardian may be responsible for collecting and investing the person's assets under guardianship and assisting with bill payments, living arrangements, and medical decisions.

Guardianship Providence RI

The guardian usually determines health care treatment options for adults, including end-of-life decisions, placement, and visitation arrangements. The authority granted to a guardian is extensive and needs to be considered thoughtfully by family members.

Appointing a Guardian

The guardianship process begins when an attorney files a petition with the court on behalf of a family member or concerned individual (the petitioner), outlining the circumstances of the respondent's incapacity and requesting the appointment of a guardian and conservator.

After filing, the respondent must be served with the petition and notified of their rights. Notice copies are also sent to the respondent's closest relatives and other required parties. The respondent can object to the guardianship or the proposed guardian, but objections are rare.

Next, the court appoints a visitor to interview all involved and prepare a report. If there are no objections and the report supports the guardianship, the judge will issue an order to appoint the guardian. The respondent then becomes the protected person.

Powers and Duties of a Guardian

A guardian is granted specific powers through an order signed by a judge. Typically, these powers include determining the living arrangements for the protected individual, organizing care and safety measures, and making health care decisions on their behalf. In the absence of a conservator, the guardian may also be responsible for managing the belongings of the protected person and overseeing a limited amount of their finances.

Additionally, the guardian is required to submit an annual report to the court. This report should provide details about the living situation of the protected person, the services they are receiving, and information regarding their physical and mental health. The report must contain relevant financial information if the guardian is responsible for managing finances.

Attorney RJ Connelly III and his dedicated team have served as compassionate guardians for hundreds of individuals within the community. Their support spans across assisted living residences, skilled nursing facilities, and hospitals, where they ensure that each person's needs are met with care and diligence. With a focus on advocacy and protection, they have built a reputation for providing unwavering assistance to those who require guidance and support during vulnerable times.

Is a Guardian Always Required?

A guardianship should always be the last resort.  Numerous supportive options are available for individuals needing assistance without a guardian, allowing them to maintain their independence and dignity. Establishing advance medical directives and healthcare proxies can be a thoughtful way for individuals to express their medical wishes beforehand, relieving some of the burdens on family members. 

Engaging personal caregivers offers tailored daily assistance, ensuring that specific needs are compassionately met. A Power of Attorney can provide peace of mind by empowering a trusted person to make important financial and legal decisions for a loved one, ensuring their best interests are prioritized.

Assigning a representative payee can help manage financial benefits by ensuring that funds are used responsibly for essential expenses, allowing stability and security. Moreover, creating suitable Trusts can be a meaningful way to oversee asset management and support long-term care needs.

Guardian ad litem

Another form of guardianship is a guardian ad litem (GAL). This role is established when a judge appoints an individual to advocate for someone unable to be present in court, ensuring their voice is heard. The GAL's primary responsibility is safeguarding that individual's rights and interests throughout a specific legal proceeding. This appointment is most commonly seen in cases involving children or individuals who are incapacitated in some way. It's essential to note that the GAL's duties are limited to assisting this person in navigating the particular court case. At Connelly Law, our offices have successfully managed hundreds of GAL cases over the decades, demonstrating a deep commitment to serving vulnerable populations during critical moments in their lives.

A Deeply Personal Decision

At Connelly Law, we recognize that guardianship decisions are deeply personal and often complex. Our compassionate team is dedicated to guiding you through the intricacies of this process, ensuring that you have the information and support needed to make informed choices. We prioritize the well-being and individual needs of your loved one, seeking to balance their independence with the necessary support systems. We aim to help you navigate these challenging decisions, empowering you to find the most suitable and nurturing path for those you care about.  Call our office today at 401-724-9400.

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Rhode Island, Massachusetts, and Connecticut Certified Elder Law Attorney

Guardianship Woonsocket RI

"An experienced guardianship attorney at Connelly Law Offices, Ltd. can assist you in drafting and filing a petition for guardianship, or we can act as a guardian.   During our decades of practice, we have served as guardians for hundreds of individuals in the community, assisted living residences, skilled nursing facilities, and hospitals and understand our vital role in the protected person's life.  Contact us today."

                                                                                     ---- RJ Connelly III

Rhode Island Fiduciary

"Southern New England's Certified Elder Law Attorney"

Call Connelly Law Today

Rhode Island Elder Law Attorney

Phone:  401-724-9400

Fax:  401-724-3046

Our office locations

Connecticut

Broadway Street

Mystic, CT  06355

860-440-7600

Rhode Island - Main Office

372 Broadway

Pawtucket, RI  02860

 401-724-9400

Massachusetts

Martha's Vineyard

East Chop, MA  02557

508-316-2396

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This website includes general information about legal issues, issues affecting seniors and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues and/or problems.

© Connelly Law Offices, Ltd.  2023

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