Guardianship

A guardianship is a legal process by which a fiduciary relationship is established for the person, the estate, or both for an incapacitated individual. A guardianship for the person gives authority to the appointed guardian to make decisions relating to the health care, living arrangements, transportation, etc. for the incapacitated individual.

A guardianship for the estate gives the guardian authority to make decisions on behalf of the incapacitated individual regarding individual’s assets, finances and legal matters.

Upon filing a petition with the court of appropriate jurisdiction, a third-party Guardian ad litem is appointed by the court to evaluate the needs of the incapacitated individual. The Guardian ad litem meets with family members and the alleged incapacitated person to review the medical and mental status of the incapacitated person. The Guardian ad litem will then file a report with findings and recommendations for the arrangement. Once the guardianship is established by the court, the guardian is given authority to act on behalf of the incapacitated individual until the court determines that the guardianship is no longer required and should thus be terminated.

View Guardianship Questionnaire