No one wants to think of a loved one becoming incapacitated. However, the truth is that dementia, chronic illness, or a serious accident may prevent an individual from adequately overseeing their own financial or personal matters. If your parent, spouse, or other close loved one is incapable of making decisions in their own best interests, you may want to consider seeking a guardianship.
We are committed to exploring all of your legal options to take proper care of an incapacitated loved one and advising whether a guardianship is right in your case.
Issues in Guardianship
Our office assist clients with matters such as:
Selecting guardians for minor children as part of the estate planning process
Selecting guardians for disabled children as part of the estate planning process
Defending guardians against removal proceedings
Seeking the removal of guardians
There are two types of guardianship. One is guardianship of the person, meaning that the guardian is responsible for meeting the ward’s physical needs for food, shelter, clothing and medical care. The other is guardianship of the ward’s estate, taking care of all financial and legal issues. Although one guardian can perform both sets of responsibilities, it is possible for an individual to name two guardians. Our attorneys advise clients about guardianship issues such as these and help them develop the guardianship arrangements that meet their needs.
Individuals can protect children or adult children with disabilities by establishing guardianships. It is also possible to set up a guardianship for an elderly person who is unable to handle his or her affairs. Parents or other relatives seeking to draw up guardianships have several options available to them. An experienced estate planning attorney can provide the information needed to get started.
We assist individuals with guardianships. In addition to creating guardianships as part of estate plans, we also handle litigation involving guardianships. Our focus on estate planning allows us to offer clients a variety of guardianship strategies suited to their circumstances and goals.
In many cases, there are less restrictive alternatives to explore before pursuing a guardianship over your loved one. Such options may include:
Power of attorney