Guardianship is a legal relationship in which an individual, individuals, or an agency is appointed by the court to make decisions and act on behalf of a person who lacks adequate capacity to make decisions involving the management of health care, personal affairs, property, or both. A court process is required to create a guardianship.
Guardianship is a very intrusive measure which removes or limits a person’s rights and independence. It should only be considered when the individual truly lacks capacity, and no acceptable alternatives (such as powers of attorney, special needs trusts, advanced health care directives, and Social Security Representative Payee) exist.
We can help you determine if a guardianship is appropriate for your loved one and represent you in the subsequent court proceedings.