Guardianship

Guardianship is a court process that determines whether a person has the mental and/or physical capacity to manage their financial and personal affairs. If a judge determines that a person’s capacity is lacking, a guardian is appointed if there is no less restrictive alternative. The court will decide if all of the incapacitated person’s rights will be removed, or if the rights removed will be limited. Some of these rights include the right to vote, have a driver’s license, determine residency, marry, consent to medical treatment, and manage property.

A court-appointed guardian can be tasked by the court to manage the health and well-being of the incapacitated person, known as the Ward, and their finances. Sometimes, one person is appointed as the guardian of the person, and a different person is appointed as the guardian of the property.

The court-appointed guardian of the person must report to the court on an annual basis with the plan of care for the Ward for the coming year. The court-appointed guardian of the property must file an Inventory of the Ward’s assets, and must report to the court on an annual basis with an accounting of the Ward’s income and assets for the past year.

We can assist if a loved one has a developmental disability and a guardian advocate is needed for them once they reach the age of majority.

If a minor receives an inheritance or legal settlement, we can help establish guardianship of the property to protect the funds until they reach the age of majority.