In some cases an individual may not be able to look after their property or their health. For these individuals we can assist them in attaining a court-appointed guardian. A guardian is under a duty to oversee the ward’s, i.e., the incompetent individual's, property and/or personal well-being. There are two types of guardians:

1.) Guardian Of The Person – The guardian is entitled to custody of the ward. Personal needs such as food, clothing, shelter, and health are the responsibility of the guardian.

2.) Guardian Of Property – The guardian is entitled to possession of all the ward’s estate in trust for the ward’s use. Financial needs such as contract fulfillment, insurance, debts, spending, and business are the responsibility of the guardian.

The Guardianship Process:

Although courts may differ, the following is the generally process for obtaining a guardianship: If it is determined that an individual is in need of a guardianship, then we will file a petition with the court and a hearing date will be set. Prior to the hearing the requisite notice requirements are fulfilled and the court may appoint a guardian-ad-litem, court personnel, or another specialist to interview and investigate the matter. At the hearing the court will listen to the evidence presented by our attorney and others. Then the court will make a decision. Possible outcomes include, but are not limited to, appointment of a limited guardian, appointment of a general guardian, or dismissal of the case. There is an appeal process.

Moreover, if a guardianship is no longer needed, a restoration hearing may be warranted. This occurs when the individual is not longer incompetent and can handle their own affairs. Our office can advise and assist you in regain control over your property and personal affairs.