Don Harmening, Attorney At Law
Adult and Minor Guardianships
Establishing guardianship provides the legal authority of a designated individual to make decisions on behalf of an adult who is incapacitated or a minor child.
It ensures the well-being and financial management of those who cannot make those decisions for themselves.
$1,100-$1,400
Service Procedure
Free Consultation
- Understanding Needs: The process begins with an assessment of the individual’s situation to determine the necessity of guardianship, considering both their physical and mental health needs.
- Exploration of Alternatives: Before pursuing guardianship, less restrictive alternatives, like powers of attorney or health care directives, are considered.
Petition for Guardianship
- Filing a Petition: A formal request (petition) for guardianship is filed in the appropriate court, outlining the reasons why guardianship is necessary.
- Notifying Interested Parties: Family members, and sometimes the individual in question, are notified of the guardianship petition. This ensures transparency and allows for any objections.
Evaluation of the Individual
- Medical Examination: A comprehensive evaluation by a qualified professional may be required to assess the individual’s capacity and need for a guardianship.
- Court Investigator Report: Some jurisdictions require an investigator to meet with the individual and report back to the court on their findings regarding the need for guardianship.
Court Hearing
- Presentation of Evidence: Evidence is presented to the court to demonstrate the individual’s incapacity and the need for a guardian.
- Testimonies: Testimonies from family members, medical professionals, and possibly the individual in question may be heard.
Appointment of a Guardian
- Court Decision: If the court determines that guardianship is necessary, it will appoint a guardian, taking into consideration any preferences expressed by the individual or their family.
- Issuance of Letters of Guardianship: The appointed guardian receives formal documentation authorizing them to act on behalf of the individual.
Duties and Responsibilities of the Guardian
- Management of Affairs: The guardian is tasked with making decisions on the individual’s behalf, which can include health care, living arrangements, and, in some cases, financial matters.
- Reporting to the Court: Guardians may be required to file periodic reports with the court detailing their actions and the condition of the individual under their care.
Review and Termination
- Ongoing Review: Courts typically require periodic review of the guardianship arrangement to ensure it remains in the best interest of the individual.
- Termination: Guardianship can be terminated if the individual’s condition improves to the point where they can make decisions independently, or for other reasons deemed appropriate by the court.
Navigating Guardianships
Guardianship is a legal safety net designed for those who can’t look after themselves or their property, due to reasons like illness, disability, or age.
Guardianship involves the court designating a responsible individual or entity to oversee and make crucial decisions regarding healthcare, daily life, and the management of finances or assets for someone unable to do so due to incapacity. This help ensures that their health, safety, and financial well-being are taken care of.
This kind of support is especially important for two groups of people:
- Adults: Guardianship serves adults who, due to illness or disability, can no longer manage their own affairs and lack prior arrangements like a durable power of attorney or healthcare directive.
- Minors: It applies to children lacking parental care or those who have inherited assets needing responsible management.
Taking Action
If you’re worried about what would happen to you, a loved one, or a child in your care if the unexpected happens, setting up a guardianship could be a wise step.
To explore how guardianship could be the right choice for you or your loved ones, contact us for a free consultation.
We’re here to guide you through every step, ensuring that the guardianship process is handled with the utmost care and professionalism, providing the security and legal oversight needed to protect and support those most important to you.