Soon the patient will be unable to make important personal and financial decisions. Merely the onset of advanced years causes many who have managed their own business affairs for years, to now forget to pay major creditors, seem confused about stock portfolio or spend large amounts of money frivolously. Naturally, heirs feel they might mismanage and dissipate the estate. Victims might be in a coma, and likely to remain unconscious for some time.
Doctors advise that immediate surgery is necessary.
A guardian is a court appointed surrogate decision maker authorized to make some or all of the decisions about the care and finances of those no longer able to make such decisions for themselves. A guardianship is a drastic intervention, and is usually invoked only as a last resort when surrogate decision making is clearly needed. For this reason, obtaining a guardian for an incapacitated person is a complex process requiring, at a minimum, a court hearing. The laws vary from state to state, and a lawyer's help is advisable. Unlike a power of attorney, which you must create before becoming incapacitated, a guardian cannot be appointed until after someone has become incapacitated.