Guardianship

If a person lives long enough, that person is going to become incapacitated. If a person becomes incapacitated, then he or she will need someone to take care of them and manage their financial affairs. If a person has a power of attorney, then he or she may never need a guardianship. However, if a person does not have a power of attorney, a guardianship may become necessary.

A guardianship is a court supervised process where a person (usually identified as the “Ward”) is evaluated by three different members of a committee. Each committee member files a report with the court, and then the court holds an evidentiary hearing on whether the Ward has capacity. The Ward can be found to be partially incapacitated, totally incapacitated or not incapacitated. If the Ward is found to be partially or totally incapacitated, then a guardian will be appointed if there is no less restrictive alternative.

We can help with questions you have concerning whether a guardianship is necessary for a family member, and we can represent you if someone has filed a guardianship petition on a member of your family. In addition, we frequently represent guardians and have extensive experience litigating various issues related to the guardianship process.