When will I need guardianship and trusteeship law?
If you or a loved one loses the ability to make financial or personal decisions without a power of attorney or personal directive, guardianship and trusteeship law steps in. In such situations, you can apply to be the “guardian”, “trustee” or both for a “supported adult.”
Making an application for guardianship or trusteeship can be complicated and time-consuming. For assistance in making such applications, contact KMSC Law.
What does a trustee do for the supported adult?
A trustee is responsible for using the supported adult’s funds to pay for their bills and manage their investments.
What does a guardian do for the supported adult?
A guardian makes personal and medical decisions. For example, a guardian often makes decisions regarding:
- Participation in social events.
- Where and under what conditions the supported adult is to live.
What happens to the supported adult’s estate after they pass?
Neither the trustee nor guardian receive the supported adult’s estate by virtue of their position. Instead, the estate is distributed according to the supported adult’s will—and if there is no will, the estate is distributed according to the Wills and Succession Act.
What is the Adult Guardianship and Trusteeship Act (AGTA)?
The AGTA is a piece of legislation that provides options to adults who need state guardianship. For example, the AGTA allows certain individuals the option to have some help in decision-making, or to have someone take over decision-making entirely.