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Guardianship

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 their 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.  Stringent accounting requirements must be respected, including formal accountings filed with the court annually.  Guardians must also file annual plans reporting the medical and living conditions of the incapacitated person.  Guardians must have court approval prior to taking certain actions.  Legal advice is essential to the proper and faithful performance of a guardian's obligations.

 

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.  While the attorneys at Byrski Estate and Elder Law do not serve as guardians, we can help you locate a trustworthy and compassionate professional guardian to serve the needs of your family member or friend.