Wills, Trusts & Probate

Guardianship

Should you become incapacitated without having made a durable power of attorney, you may need a guardian. Guardianship is a legal procedure by which a court declares an adult incompetent and appoints someone to manage financial matters, living arrangements and medical care decisions.

Older adults do not need a guardian simply by reason of age or minor mental physical impairments, provided they are still able to manage their personal and financial affairs. Courts will appoint a guardian if you have a physical or mental condition which impairs your decision-making capacity or your ability to avoid harm to yourself or to others.

Guardianship is ordinarily not necessary for an incapacitated person who has appointed an agent under a durable power of attorney. However, if an agent has not been appointed, your friends or family may start legal proceedings to have a guardian appointed. If you disagree, you can fight the proceedings for guardianship. Our attorneys can assist you the entire process in a timely and cost efficient manner.

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Guardianship/Living Wills/Powers of Attorney