When an individual is unable to make certain personal, medical, or financial decisions independently, a guardianship may provide the legal authority necessary for another person to act on their behalf.
Guardianship proceedings can involve deeply personal circumstances, significant responsibilities, and important questions about an individual's independence and well-being. AC Law Firm helps individuals and families understand the guardianship process, evaluate available options, and navigate the legal responsibilities that may follow.
Guardianship Services
AC Law Firm provides guidance in guardianship matters that may include:
- Petitions for guardianship
- Adult guardianships
- Guardianships involving minors, when applicable
- Guardianship of the person
- Guardianship of property
- Emergency guardianship matters
- Advising proposed and appointed guardians
- Required court filings and reports
- Fiduciary responsibilities and accountings
- Modification or termination of guardianships
- Contested guardianship matters
When May Guardianship Be Necessary?
Guardianship may become necessary when an individual is unable to adequately manage certain personal, medical, or financial matters and there is no less restrictive arrangement that sufficiently addresses those needs.
These circumstances can arise because of incapacity, illness, injury, disability, age, or other circumstances affecting an individual's ability to make or communicate decisions.
Because guardianship can significantly affect an individual's rights and independence, courts generally consider both the need for guardianship and whether less restrictive alternatives are available.
Guardianship of the Person and Guardianship of Property
Depending on the circumstances, a court may appoint a guardian to make decisions concerning an individual's personal affairs, financial affairs, or both.
A guardian of the person may be authorized to make certain decisions concerning healthcare, living arrangements, personal care, and other matters affecting the individual's well-being.
A guardian of property may be responsible for managing assets, income, expenses, and other financial matters on behalf of the individual.
The authority and responsibilities of a guardian depend on the court's order and applicable law.
Responsibilities After Appointment
Being appointed guardian is not simply an authorization to act. It creates ongoing legal and fiduciary responsibilities.
Depending on the type of guardianship, a guardian may be required to safeguard property, maintain financial records, make decisions in the protected person's interests, submit reports or accountings, obtain court approval for certain actions, and comply with continuing court oversight.
AC Law Firm assists guardians in understanding these responsibilities and navigating the requirements that continue after appointment.
Frequently Asked Questions
Is guardianship always necessary when someone becomes incapacitated?
No. Powers of attorney, advance directives, trusts, supported decision-making arrangements, or other alternatives may provide sufficient authority in some circumstances. Whether guardianship is necessary depends on the individual's circumstances and what planning is already in place.
Who can petition for guardianship?
Eligibility and procedural requirements depend on the type of guardianship and applicable law. A family member or another interested person may be able to initiate proceedings when circumstances warrant court intervention.
Does a guardian have complete control over another person's affairs?
Not necessarily. A guardian's authority is defined by applicable law and the court's order. The scope of a guardianship should correspond to the authority necessary under the circumstances.
Is a guardian required to report to the court?
Guardianships generally involve continuing court oversight. Depending on the type of appointment, guardians may have reporting, recordkeeping, accounting, or other ongoing obligations.
Guidance Through the Guardianship Process
Guardianship matters require careful consideration of both legal responsibilities and the needs of the individual involved. AC Law Firm provides practical guidance to help clients understand the process, evaluate their options, and fulfill the responsibilities associated with guardianship.
Schedule a consultation with AC Law Firm to discuss a guardianship matter.
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