Guardianship

When an individual does not have the mental capacity to manage his or her financial affairs and property, or to make personal decisions relating to health care and residence—whether due to minority, a developmental disability, dementia, or another illness—a guardianship may be necessary.

When Is Guardianship Needed?

Guardianship is the legal process of petitioning the court to appoint a guardian to make decisions on behalf of a child, a developmentally disabled person, or an elderly person who has lost capacity.

We represent individuals in a variety of non-contested guardianship proceedings, including:

• Minor’s guardianships (for a child)

• Voluntary guardianships (for a person who chooses to have some or all of their assets under the care of a guardian)

• Guardian advocacy proceedings (for a developmentally disabled person)

What Does a Guardian Do?

Once appointed, the guardian stands in the shoes of the child, disabled person, or elderly person. The guardian is responsible for making personal health care and residence decisions and for handling the individual’s money and property.

The process begins with a court proceeding. A petitioner who is concerned about someone needing guardianship files a petition asking the court to appoint the petitioner or a professional guardian.

Are There Alternatives to Guardianship?

We also work with clients to determine whether a less restrictive alternative can effectively and safely meet the needs of the individual, which may help avoid establishing a guardianship. For example, executing a durable power of attorney and a designation of health care surrogate may help avoid the need for guardianship.

It is important to review your situation with a Guardianship Attorney familiar with the many nuances of guardianship law to understand what legal steps may be available to protect your child or loved one who needs extra care and support.