PROTECTION . PRESERVATION . PEACE OF MIND

Guardianship

Guardianship

A Guardianship is a  court process whereby the Probate Court gives one person (the guardian) the power to make personal and financial decisions for another (the protected  person).  A guardian may be appointed when a Court determines that an individual is an incapicated person or a minor. 

Unless limited by the court, the guardian has control over the personal decisions of the protected person. This includes deciding where they will live, determining how their funds will be spent, and making routine medical decisions.  The guardian must account carefully for financial assets and prepare an annual accounting for the court detailing all the income and expenses.

There are several less restrictive alternatives to guardianship. These include the durable powers of attorney, representative payees, trusts, and health care powers of attorney. Each of these options may avoid or delay the need for a guardian. These documents need to be executed before the individual is incapable of doing so due to mental impairment.

Contact us now to learn more about a Guardianship.