Pending Guardianship

Sometimes our friends and family need assistance in caring for themselves or their children. A Guardianship grants an individual the legal authority to manage the affairs of another.  Guardianships are most often created for: (1) a child when the parent of the child is temporarily unable or willing to care for the child; or (2) an adult who is unable to effectively make personal financial or personal care decisions due to a physical or mental incapacity.  An individual under the care of a guardian is often referred to as an "incapacitated person."

Guardians have different levels of authority depending on the limitations of the incapacitated person. Some individuals require guardianship for both their "person" and their "estate." A guardian of the "person" makes decisions related to medical treatment, living environment and other matters which safeguard the well-being of the incapacitated person. A guardian of the "estate" makes decisions related to property and financial affairs of the incapacitated person.  

Placing a person under a guardianship removes many civil liberties citizens in the United States enjoy. An incapacitated person may lose the right to manage his or her own affairs; to choose where to live; and to consent and refuse medical treatment. Because these rights are so significant, the court requires substantial evidence and documentation to establish incapacitation. This complex process can be made more difficult by conflicting emotions of family members and a complicated judicial process.

If you're currently involved in a guardianship case and find yourself grappling with intricate family disputes, we're here to offer our support. Contact our office to discover how our mediation services can assist you during this challenging period. We understand the complexities involved and are dedicated to providing guidance and resolution as you navigate these difficult circumstances.