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Guardianship

 

When a family member is no longer able to handle their own affairs, a guardianship may be in order. That said, guardianship is the most severe form of judicial intervention under civil law, excepting only involuntary commitment. Because of the drastic nature of guardianship, our firm takes very seriously the need for dedicated, caring advocacy in the establishment and administration of guardianships or conservatorships. Our firm also has significant experience in litigating the offensive or defensive positions in the adversarial process. We may be involved in the guardianship process in various ways:

  • We can assist in determining when a person's diminished capacity requires formal court guardianship, and can counsel family members about the legal issues involved. We then guide the family through the guardianship process, from start to finish.

  • At times, we represent persons who are opposed to the proposed guardianship. In those situations, the guardianship process becomes an adversarial proceeding, in which we will seek to prove to the court that a guardianship is not appropriate.

  • We represent family members who agree that a guardianship is appropriate, but who do not agree with the proposed choice of guardian by the court. In those types of contested guardianship appointments, our firm advocates for our client's ability to best serve the incompetent person's interests as the best choice as guardian.

  • After the guardianship has been established, we advise individual and corporate guardians concerning their powers and responsibilities in administering the guardianship estate.

 

We represent clients on all sides of Guardianship Litigation matters. We can serve as counsel to the petitioner, counsel to the respondent, or as guardian ad litem.