An adult guardianship of a person and/or property is necessary where a person lacks mental capacity to handle his/her personal and financial affairs. In some cases, a family member of third person is taking advantage, usually financially, of the incapacitated person. If a person is determined to be incapacitated, a guardian is appointed to handle their medical and financial matters. Some examples: an elderly person who has dementia and is being exploited financially by an adult child; a person who has been in a motor vehicle accident or suffered a medical event which left the person without the ability to care for himself/herself. Guardianship must be the least restrictive means to protect the person.
A minor guardianship of the property only is necessary when the minor (child under 18) receives any money over $15,000, whether it be by way of inheritance, or a settlement from kind of injury, or money from any other method. The natural parent(s) can serve as the guardian. For example, a minor is involved in a motor vehicle accident and receives $50,000 as a result of the accident; a grandparent dies and leaves the minor $200,000 worth of stock.
A minor guardianship of the person is necessary where both of the natural parents are deceased or unavailable to care for the minor. There are avenues to utilize if a parent is temporarily unavailable.
A guardian advocacy is necessary for any developmentally disabled person who reaches the age of 18. The law recognizes that this person is now an adult, but many developmentally disabled persons cannot care for themselves or their finances. A guardian advocacy is similar to an adult guardianship; however, the court does not have to declare the developmentally disabled person incapacitated. For example, an autistic person turns 18 and someone must be authorized by law to make medical decisions or apply for government benefits.
Contested Guardianship matters
We are willing to consider and take certain cases that are contested as between the parties.