When your loved one no longer has the capacity to make decisions required to appropriately manage their personal or financial needs, and there are no documents in place to indicate who should, seeking court intervention by way of a Guardianship proceeding is often the best way to ensure the safety and of that individual.
The Guardianship court is also an effective tool when you fear that an elderly or incapacitated person is being taken advantage of financially or being mistreated.
The court acts in an expedited manner in these cases to ensure the safety and wellbeing of the elder vulnerable population.
Navigating the court system can be overwhelming, we are here to take you through the process. We rely on our extensive experience of serving as Guardian, Court Evaluator and Counsel to Incapacitated persons to represent families seeking Guardianship over a loved one with compassion and zealous advocacy.
Guardianship refers to a court proceeding to have a person appointed to manage the person and/or financial matters of another person.
If the person for whom guardianship is sought is disabled, incapacitated or underage, a guardian will likely be necessary.
Guardians are responsible to manage the affairs of the Ward. This can include handling their financial matters, or ensuring that their health and safety needs are being addressed and that they are being properly cared for.
Yes; if a guardian is violating their fiduciary obligations, they can be removed.
Yes; Elder Law attorneys are familiar with the different types of guardianship and can help you navigate which proceeding best fits your needs.