Should you find yourself needing to consider guardianship for a loved one, it is important to hire a guardianship attorney near you to help you understand the process, give you expert advice on carrying out your duties and prepare the required court documentation. This is an area of expertise that is a focus of my elder law practice.
What is Guardianship?
Guardianship is the legal process by which a guardian is appointed to care for, and make personal and healthcare decisions, on behalf of another person deemed to be incapacitated by the court. Some reasons a person might be considered incapacitated and need a guardian include permanent disability or illness. A guardian may also be responsibility for managing finances. This process is very involved, as it takes away the legal rights of the person for whom the guardian has been appointed.
Careful estate planning can generally prevent the need for guardianship, but sometimes it just cannot be avoided.
There are many issues surrounding guardianship, including what guardianship duties for an incapacitated person do, and do not include – to protect their interests as well as yours. Please feel free to contact us at 585-530-8515 to set up an appointment to discuss your situation.
Contested Guardianship Proceedings
Sometimes disputes will arise between family members, including the person alleged to be incapacitated, as to whether a guardianship is necessary. I am experienced in litigating the issues that arise in contested guardianship proceedings, including representing clients at evidentiary hearings in court as well as negotiating settlements that address the concerns of the parties involved.
Is a Legal Guardian Financially Responsible?
Guardians are not personally responsible for the expenses of the incapacitated person. When a guardian is appointed, it is generally expected that the estate of the person who is considered incapacitated will provide the funding for care. Importantly, however, a guardian does have a fiduciary responsibility in managing the incapacitated person’s assets and affairs. We are experienced in advising newly appointing guardians on fulfilling their continuing fiduciary responsibilities as guardians.
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