Guardianship

GUARDIANSHIP

While good advance planning (such as a Power of Attorney or Special Needs Trust) can often avoid it, it sometimes becomes necessary to ask the courts to step in where a person is unable due to mental decline, severe mental or physical illness, or mental infirmity to make proper decisions for himself or herself.

The kinds of decisions involved may include personal ones (such as medical or personal care decisions), financial ones, or both.

When this happens, a family member, social service agency or other interested party can file a guardianship action. In a guardianship action, a judge is asked to decide if the individual in question is totally or partially “incapacitated” (a more modern term for incompetent), and if so, who should be appointed by the court to take care of the individual’s personal and/or financial affairs.

The appointment of a legal guardian under the proper circumstances can help ensure that a vulnerable family member or other person will have their affairs properly taken care of.

If you have someone for whom you think legal guardianship may be necessary, give us a call so we can discuss the legal options available to you.


                    CALL US AT (610) 873-1600