• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Unsworth LaPlante is open for in-person meetings! We have taken precautions in our office to ensure the safety and well-being of our clients and staff. To learn more about how Unsworth LaPlante is helping people through the COVID-19 pandemic, click here.

Unsworth LaPlante, PLLC

Vermont Estate Planning Attorneys

Vermont: (802) 879-7133

Attend A Free Webinar
  • Home
  • Our Firm
    • About Our Firm
    • Meet Our Team
  • Services
    • Elder Law
    • Estate And Gift Tax Figures
    • Estate Planning
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
  • Resources
    • Articles
    • Elder Law Reports
    • Elder Law Resources
      • Burlington
      • Free Estate Planning Seminars
      • Montpelier
      • Rutland
      • St. Johnsbury
      • White River Junction
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Estate and Gift Tax
      • Estate Planning
      • FAQs for Families Without an Estate Plan
      • Incapacity Planning
      • IRA & Retirement Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Pet Planning
      • Special Needs Planning
      • Trust Administration
      • Trusts
      • Wills
    • Is Your Estate Plan Outdated?
    • Medicaid Resources
      • Medicaid Analysis Worksheet
      • Medicaid Guide
      • Vermont Medicaid
    • Newsletters
    • Presentations
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
    • Top Estate Planning Techniques
  • Webinars
  • Communities We Serve
    • Burlington
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact
Home » Before You Agree to Guardianship in Vermont

Before You Agree to Guardianship in Vermont

August 22, 2013 by Stephen Unsworth

The law defines a guardian as “someone chosen either by a court or by being named in a legal document such as a will” to oversee the decision making process for the “ward” (someone who can’t make decisions for themselves). Guardianship in Vermont has many rewards, but it really is a commitment.

Guardianship in Vermont – Tremendous Responsibility

It sounds simple enough, of course, but there’s a lot to consider before you agree to serve in the role as guardian. It’s a tremendous responsibility; however, it’s quite rewarding knowing you’re doing something to help someone who may have no one else. This week, we take a look at the benefits and potential disadvantages of becoming a guardian.

First things first – our clients usually want to know what kind of decisions they will find themselves making in their role as guardian. Those decisions might include:

  • Giving consent for medical care or treatments
  • Making financial decisions, including big ticket purchases such as built-in swimming pools or cars or housing leases
  • Ensuring monthly expenses are met, including credit card payments, utilities, insurance, rent or mortgage, etc.
  • Making educational decisions, such as enrolling for new college classes or non-credit courses
  • Making dental appointments or other medical check-up appointments
  • Monthly budgeting considerations

In other words, you will be responsible for the decisions made for the ward, whether you make them or they do. Often, people can make the easier decisions in their lives, such as choosing their own clothes or making the decision to add satellite television but they may need the help of a guardian to make some of life’s bigger decisions and then being able to trust the guardian to follow through. Things like medical procedures come to mind.

Mental and Physical Guardianships

Typically, there are mental or physical disabilities that prevent a person from living completely independent and this is where guardianship comes into the picture. Of course, there are those who are completely reliant on their guardian, such as those with Alzheimer’s or dementia or those who were injured at some point in their lives and it affects their daily lives to the extent that they are unable to function solely within their own capacities.

It’s a very important decision, but the person needs someone whom he trusts to make the best decisions on their behalf. The courts take an interest as well and they often oversee the guardian’s efforts.

There are several factors that go into the court’s approval. One might be that the ward themselves has requested someone specific. The courts prefer someone who is related to the ward and someone who the ward likes and trusts. Spouses, parents or adult children are the most obvious choices, though not always the best choice. Other times, courts will appoint an employee with the social services department that’s assisting the ward already, provided the ward is comfortable with that.

What typically isn’t considered in the decision making process is the potential guardian’s education or finances.

That said, it’s a tremendous responsibility and in many instances, it can feel as though the guardian is raising a child for no other reason than it’s an around the clock responsibility. It can be rewarding, though, even though it’s a role that should not be made without carefully considering all of the potential problems.

Be sure to consult with an estate planning attorney so that you can better understand your role. Don’t forget, too, that often, you’ll be dealing with government agencies, including Medicaid and Social Services. It’s an important responsibility, no doubt, but if you’re up for it, you can bring about great things for your loved one.

  • Author
  • Recent Posts
Stephen Unsworth
Stephen Unsworth
Stephen A. Unsworth is admitted to practice in both Vermont and Maine, and has more than 30 years of experience in estate planning and business law. His mission is to provide quality estate planning services, including assistance with Living Trusts, Wills, Medicaid Planning, Probate, Trust Administration, Powers of Attorney, Special Needs Planning, and Family Limited Partnerships.
Stephen Unsworth
Latest posts by Stephen Unsworth (see all)
  • Genworth Releases 2020 Cost of Long-Term Care Survey - January 18, 2021
  • Will Social Security Go Up in 2021? - December 7, 2020
  • What Is a Step-Up in Basis - November 23, 2020

Filed Under: Estate Planning Tagged With: guardianship in vermont, medical care, guardians, decisions, purchases, medical check-up, wards, ward, responsibility, treatemnts

Other Articles You May Find Useful

What’s an “Atom Bomb” or “Contingent Remainder” Beneficiary?
intestacy
Who Inherits Assets When There Is No Will?
Leaving Assets Can Be Tricky – Part 3
intestacy Hsieh
Tony Hsieh of Zappos Fame Died Without a Will
What the 2020 Election Could Mean for Your Estate Plan
New Year estate planning resolution
New Year’s Resolution: End the Estate Planning Procrastination

Primary Sidebar

Elder Law and Medicaid Planning Attorneys

Unsworth LaPlante, PLC

DOWNLOAD OUR FREE ESTATE PLANNING WORKSHEET

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Essex Junction, VT

26 Railroad Ave
Essex Junction, VT 05452
United States (US)
Phone: (802) 879-7133
Fax: (802) 879-0408

Map

unsworth_sidbr_map

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM

Footer

footer-logo
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

The information on this Vermont Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

American Academy of Estate Planning Attorneys, Inc. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

© 2021 American Academy of Estate Planning Attorneys, Inc.