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Practice Areas

Guardianship

Guardianship is a court-ordered appointment of a person, corporation, or agency to be legally responsible for the financial and/or personal well-being of a minor or for an individual determined by the court to be physically or cognitively incapacitated or disabled (the “ward”).

Guardianship of an adult is the path of last resort when no less restrictive options will provide the necessary care and protection of the adult.  In the case of a court finding of complete incapacity, once a guardian is appointed to be responsible for the ward’s personal and financial decisions (“plenary guardian”), an adult under a guardianship order no longer has the right to make decisions concerning his or her own health care and has no authority over his or her money or property.  At times, a limited guardianship may allow the individual to retain some control.

For just one example of when a plenary guardianship may be advised, see below.

Click Here to complete the Guardianship Intake Questionnaire.

Case Study