Incapacity Proceedings, Guardian Appointments, Emergency Guardian Appointments and Guardian Advocates:
Guardianship is a protective arrangement established by the court system where an individual is appointed to assist a minor or an incapacitated person who is no longer able to manage his/her assets, make living arrangements, and/or make medical decisions.
Many times a guardianship proceeding is unavoidable and the family or a well-meaning friend must ask the court to appoint (through their attorney) a legal guardian for the incapacitated person.
If there is an immediate concern that the incapacitated individual might be taken advantage of financially by an unscrupulous power of attorney, caregiver, or family member, or is not able to care for him or herself, then an emergency guardian can be appointed.
Once a guardian is appointed, many laws must be considered and followed. Legal advice is essential to the proper and faithful performance of a guardian’s obligations.
- Stringent accounting requirements must be respected.
- Formal accountings must be filed with the court annually.
- Annual plans must be filed, reporting the medical and living conditions of the incapacitated person.
- Court approval must be obtained prior to taking certain actions.
Sometimes there is not a family member available to serve as guardian. Other times, family dynamics are such that a family member serving as guardian is unrealistic or not advisable. We can help you locate a trustworthy and compassionate professional guardian to serve the needs of your family member or friend.