Guardianship

Guardianship is a process for asking the Court to determine if a person requires protection because they lack capacity to make decisions for themselves and care for themselves and their property.  If appropriate, a guardian is appointed to make those decisions.

Guardianship can be granted to protect those who lack capacity to make decisions and care for themselves, for example:

  • adults because of disability, hospitalization, or other impairment or
  • minor children because of their age

Guardianship can apply to the person, their property, or a combination of both.

Guardianship of the person involves designating a person to be responsible for providing proper care (food, clothing, shelter, etc.) and making personal decisions for a disabled person or minor about important issues, such as education, housing, and health care.  These are the same rights, powers, and obligations that a parent owes their minor child.

Guardianship of the property involves designating a person to appropriately manage the money, assets, and financial paperwork of a disabled person or minor.  As a fiduciary, a guardian of the property must act honestly and appropriately to use the property and income for the benefit and welfare of the disabled person or minor.

My guardianship services include:

  • Seeking guardianship of minor children on behalf of their adult caregivers and
  • Court-appointed representation and defense of the alleged disabled adult as to whom a guardianship is sought.