Guardianship in TBI Cases - What is it and does my loved one need it?

The life-changing aspect of Traumatic Brain Injuries (TBI) often leads to severe lifelong challenges for the injury victims and their families. These cases can often merit establishing legal guardianship over the brain injury victim.

What is Guardianship?

What is legal guardianship? Guardianship is not defined by Federal law, it is established state-by-state, making the issue even more confusing for families researching their options. Generally speaking, however, guardians are court-appointed individuals - typically family members - who have the legal responsibility and duty to care for the property and interests of the injured party.

How is Guardianship Different than Power of Attorney?

Power of Attorney is a relationship established between a Principal and an Agent that grants the the Agent legal authority to act of their behalf. This is often granted to family members in cases of brain injury and in aging relatives to act on behalf of the injured party. In Kentucky, the agent is called an “Attorney-in-Fact.”

This differs from guardianship in two ways.

First, this relationship is established without the involvement of a court, whereas guardianship is court-appointed.

Second, the Principal is still able to continue acting on their own behalf and manage their own property and interests. The Agent isn’t required, a guardian is.

Does my loved one need Guardianship?

The decision to establish guardianship can be very difficult for families to consider. If multiple family members are involved, it can be a divisive and tense issue.

There are a number of indicators to help you understand that your loved one needs guardianship:

• Can they manage their own finances responsibly?
• Can they manage their own healthcare and medical records?
• Can they handle applying for government benefits like Social Security Disability?
• Can they individually seek out legal representation to help in their injury case?

If your loved one needs a guardian but is not able to make this decision on his or her own behalf, then a guardian is necessary. They do not have the cognitive ability to make this decision -- it must be made for them.

How can an Experienced Kentucky Brain Injury Attorney Help?

Your injured loved one is going to have to be declared mentally incompetent by a court of law. To do so, an experienced Kentucky brain injury attorney can help you and your family understand this process, affirm that it is the right decision and manage the legal proceedings.

If you have a loved one who has suffered a traumatic brain injury, and you are wanting help managing this process or a second opinion as to whether guardianship is right in your case, the experienced TBI attorneys at Dallas & Turner, PLLC are here to help.

Please don’t hesitate to call us for a FREE consultation at 859-630-0666 any time, or use our FREE online case submission form. We will respond quickly, because we know how important this is for you, your family and your loved one.