Guardianships

Caring for your loved one

Planning for the future

Frequently Asked Questions

It is the legal proceeding in which someone asks the court to find that a person is unable to manage his or her affairs effectively because of a disability. A guardian would make their decisions for them.

Of course! Depending on the individual, a Special Needs Trust and/or Assisted Living services may be all that is needed. There are many options and legal documents to consider. We are here to help.

Yes, but courts generally prefer to see parents and friends in this position. Guardians are closely supervised by the court.

In a limited guardianship, the courts find that an individual has some capacity and ability to think or do things for themselves. In a plenary guardianship, the responsibility of the guardian is total, and all rights of the ward are removed.

All court-appointed guardians must undergo background checks, educational courses, and operate under strict oversight.

Yes. You would be co-guardians.

Guardianships

What is a Guardianship?

Guardianship is the legal right given to a person who will be responsible for assisting another who is deemed to be fully or partially incapable of providing for him- or herself.

Guardianship is a serious legal matter and a court will not grant a guardianship if less restrictive means to help are available. Common examples of when a Guardianship is granted include an elderly person who no longer has the capacity to care for themselves or manage their financial affairs; a disabled person has reached the age of 18, but cannot assume adult responsibilities; or a minor who has received an inheritance outside of trust.

Guardian of a Special Needs Child

Helping those who are unable to help themselves

Issues of guardianship are as unique as the individuals involved.

As a special needs minor approaches age 18, we are here to help make sure that their transition into adulthood is one of dignity, allowing for not just disabilities, but any ability to take care of themselves, too.

The child may be capable of some things, and incapable of others. We help the ward maintain independence where they are able to do so based on their specific situation.

We are here to help set up financial and legal safeguards for your loved one that will serve them throughout their lives.

Guardianship of an Adult

Protect those you care about

Guardianships can be heart-wrenching. Recognizing incapacity on behalf of someone you love is never easy. Going public by involving the court in every aspect of your loved one’s care can be frustrating and humiliating. On the other hand, if someone you love no longer can care for himself, having the court’s approval to keep your ward safe and healthy is a blessing.

If you are the guardian, you have a legal right and duty to care for your ward. We guide you, as guardian, through the court system. We advise you of your legal responsibilities, which may involve making personal decisions on behalf of your ward or managing your ward’s property, for example. The court stays very involved and must approve your every action and expenditure as guardian.

On occasion, the ward may need legal representation. We represent wards, ensuring that their best interests are being met and that the guardians are doing their job.

Here to help with all your Estate Planning needs

Asset Protection / Estate Administration / Probate