Guardianships

Our firm handles various types of guardianships from start to finish and we also have extensive experience in guardianship litigation.  Below are areas of guardianship where we can assist

Plenary Guardianship: When going through the court process, a team of medical experts may be of the professional opinion that the ward (person deemed incompetent) no longer has the requisite mental faculties to freely, knowingly and/or voluntarily decide important financial and personal decisions. The court will identify what decision-making abilities and rights a ward has and does not have (e.g. right to manage finances, enter into contracts, defend lawsuits, right to marry, vote, and ability to make medical decisions). If the court determines the ward, does not have the requisite mental faculties, it will appoint a qualified guardian to handle and address the ward’s financial and medical needs. The guardian will have to obtain a court order to utilize the ward’s funds on the ward’s behalf, or to obtain guardian compensation.  The ward’s funds will be maintained in a restricted account and cannot be accessed without a court order.  The guardian will be required to file an annual report which includes a plan for the ward’s medical care and wellbeing, along with an accounting.  A Plenary guardianship is a guardianship of the person and property and will be used sparingly by the courts.

Guardianship of the Property– The Ward will have the right to make decisions as to his or her person.  However, the court has decided that a guardian is needed to manage the ward’s financial affairs.  A Guardianship of the property often occurs when a vulnerable person needs protection (they are susceptible to exploitation), or simply because the ward is a minor and legally can not own or manage the property until the ward reaches the age of majority.

Guardianship Advocacy– guardianship established to assist those with certain disabilities such as cerebral palsy.