When someone cannot make decisions for themselves, guardianship provides the legal framework to ensure they receive proper care and their assets are protected.
Guardianship situations arise when people lack the mental capacity to handle their own affairs or when minors need someone to manage inherited property. Common scenarios include elderly individuals with dementia or Alzheimer’s, adults with developmental disabilities, people who have suffered traumatic brain injuries, and minors who have inherited significant assets.
The guardianship process recognizes that some people need protection while balancing their right to make their own decisions whenever possible. Courts only grant guardianship when it’s clearly necessary and in the person’s best interests.
This gives the guardian authority to make personal decisions for the ward, including medical care, living arrangements, and daily life choices. Guardians of the person decide where the ward lives, what medical treatments they receive, and other personal matters that affect their wellbeing.
Moving a ward to another county or state requires court approval, but decisions about daily care and local moves within the same county typically don’t need prior court permission.
This provides authority to manage the ward’s property and financial affairs. Guardians of the estate can buy, sell, mortgage, or transfer the ward’s assets as needed for their care and benefit.
A common example involves minors who inherit real estate or other valuable property. Since minors cannot legally transfer clear title to property, a guardian of the estate must be appointed to handle these transactions.
In some cases, courts can grant limited guardianship that restricts the guardian’s authority to specific areas where the ward needs help while allowing them to retain decision-making power in other areas.
The process begins with filing a petition in the appropriate court – either probate court or county/district court, depending on local jurisdiction. The petition must demonstrate why guardianship is necessary and who should serve as guardian.
The court typically appoints an attorney ad litem to represent the proposed ward’s interests and may order medical evaluations or other assessments to determine the person’s capacity and needs.
If the court determines guardianship is appropriate, it will appoint a guardian who must qualify by taking an oath and sometimes posting a bond to protect the ward’s assets.
Guardians must file periodic reports with the court detailing the ward’s condition, living situation, and how their assets are being managed. The court maintains oversight through these reports and sometimes through court-appointed visitors who check on the ward’s welfare.
Serving as a guardian involves significant legal responsibilities. Guardians must act in the ward’s best interests, make decisions the ward would make if they were able, and account to the court for their actions.
Guardians face restrictions on certain actions, such as making gifts of the ward’s property, entering into certain contracts, or making major changes to the ward’s living situation without court approval. These safeguards protect wards from potential abuse or mismanagement.
Not all guardianship cases proceed smoothly. Family members may disagree about whether guardianship is necessary, who should serve as guardian, or how the ward’s affairs should be managed.
We handle contested cases where relatives dispute guardianship appointments, challenge a guardian’s decisions, or seek to remove guardians who aren’t fulfilling their duties properly. We also defend guardians against unfounded accusations of misconduct.
Before pursuing guardianship, we explore whether less restrictive alternatives might meet the person’s needs. These can include powers of attorney, representative payee arrangements, or supported decision-making agreements that preserve more of the person’s autonomy.
We frequently handle cases involving suspected abuse, neglect, or financial exploitation of elderly or disabled individuals. When someone is being taken advantage of by caregivers, family members, or others in positions of trust, guardianship can provide necessary protection.
These cases require immediate attention because vulnerable adults can suffer significant harm while exploitation continues. We work quickly to obtain emergency guardianship orders when necessary to protect someone from ongoing abuse.
We’ve handled guardianship cases of all types and complexity levels, from straightforward appointments for loving family members to contested proceedings involving multiple parties and significant assets.
Our experience includes working with families navigating difficult decisions about elderly parents, helping parents of disabled adult children plan for the future, and assisting with emergency guardianships when someone needs immediate protection.
Guardianship decisions affect some of life’s most personal and important matters. Whether you need to obtain guardianship for a loved one or have concerns about how an existing guardianship is being handled, these situations require knowledgeable legal guidance.
If you’re facing a guardianship situation, contact our firm today. We’ll evaluate your circumstances, explain your options, and help you understand the best path forward for protecting your loved one’s interests.
