We help property co-owners resolve disputes through partition actions, protecting ownership rights and pursuing fair division, sale, or settlement options.
There are times when an adult becomes unable to make or communicate important decisions about their finances, healthcare, or personal affairs. When appropriate planning documents are not in place, family members or other concerned individuals may need to seek court authority to protect that person and manage their affairs.
An adult guardianship is a serious legal matter. It can affect a person’s finances, healthcare, living arrangements, and ability to make decisions for themselves. Our office helps families understand when guardianship may be appropriate and guides them through the legal process.
Guardianship may be considered when an adult is no longer able to manage their own affairs and there is no effective alternative for providing the necessary assistance.
This can arise in a variety of circumstances, including situations involving significant cognitive decline, serious illness, injury, developmental limitations, or other conditions that substantially interfere with a person’s ability to make or communicate decisions.
Every situation is different. Before pursuing guardianship, it is important to understand the person’s circumstances, the planning documents that may already exist, and whether another legal arrangement can accomplish the same goals.
Our office can help families evaluate the situation and determine what legal steps may be appropriate.
Adult guardianship proceedings involve the court and require careful attention to legal procedures and the rights of the person who may be subject to guardianship.
Our office can assist with the various stages of a guardianship proceeding, including:
Our goal is to make a complicated process easier to understand while keeping the focus on protecting the interests and dignity of the adult involved.
A guardianship can significantly affect an individual’s independence and legal decision-making authority. For that reason, it should not be pursued casually.
When guardianship is necessary, the objective is to provide appropriate protection and ensure that the person’s financial, healthcare, and personal needs are properly addressed.
We help families approach these matters thoughtfully and with respect for the individual whose interests are at the center of the proceeding.
One of the reasons families sometimes find themselves facing a guardianship proceeding is that their loved one did not establish appropriate powers of attorney or other incapacity planning while they were able to do so.
A financial power of attorney and healthcare power of attorney can allow a person to choose trusted individuals to assist with financial and healthcare decisions if they later become unable to manage those matters themselves.
Once a person no longer has the legal capacity to execute these documents, however, it may be too late to establish them. In those circumstances, a guardianship proceeding may become necessary.
This is one reason why incapacity planning is an important part of a comprehensive estate plan.
Our involvement does not necessarily end when a guardian is appointed. Guardians may have continuing responsibilities and may need assistance understanding their authority, complying with reporting requirements, managing assets, or addressing changes in the protected person’s circumstances.
We can provide ongoing legal guidance when questions arise during the guardianship.
Guardianship proceedings often arise at a difficult time for families. Loved ones may disagree about what should happen, may be uncertain about who should take responsibility, or may simply not know where to begin.
Our office provides clear, practical guidance throughout the process. We help families understand their options, the responsibilities involved, and the legal steps necessary to protect the adult who needs assistance.
If you are concerned that an adult family member can no longer safely manage their affairs, contact our office to discuss the situation and determine what options may be available.
Children can receive or inherit money and property, but they generally cannot manage those assets themselves. When a minor receives an inheritance, settlement, financial account, real estate interest, or other significant property, a legal arrangement may be necessary to manage those assets until the child reaches the appropriate age.
In these situations, a family member or other appropriate person may need to petition the court to be appointed as guardian of the minor’s estate or property.
Our office assists families with these proceedings, including preparing and filing the necessary documents, guiding the proposed guardian through the court process, and helping with the ongoing responsibilities associated with managing property for a minor.
These matters commonly arise when a child receives an inheritance or other assets following the death of a parent, grandparent, or other family member. We understand that families may be unfamiliar with the process and can help ensure that the child’s property is handled properly and in accordance with the applicable legal requirements.
If a minor has received or is expected to receive money or property and you are unsure how those assets should be managed, our office can help you determine what steps may be necessary.
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