Guardianships
Guardianships are established to protect individuals that lack decision-making capability and who would otherwise be prey to exploitation. The individual may be an adult who has lost mental capacity or an individual approaching 18 years of ago whose disability arose at birth or during childhood, or alternatively, may be a minor whose parents or guardians have died . There are two types of Guardians: Guardian of the person and Guardian of the property. The Guardian of the person makes decisions affecting the ward’s personal and medical decisions. The Guardian of the property makes financial decisions affecting that individual. Guardianships are filed in the County in which the alleged incapacitated individual or minor resides. If you have a loved one that is in need of a Guardianship or if you dispute the allegation that you yourself are incapacitated stemming from a filing of another, give our office a call to set up a consultation to meet with an attorney to determine how best to proceed. It is likewise noteworthy that once an adjudication of incapacity is made, the guardian appointed is a fiduciary and as such, is held to a high legal standard in performing his or her duties. Besides day to day care and consideration for the ward, the guardian also has to file an annual report. If you would like a consultation to learn more about this topic and your options, please call our office to set up an appointment to meet with an attorney.