The attorneys at Waldron & Schneider handle Guardianship in all forms, both adult and minor, and temporary to permanent.
Guardianship is a complex and specific type of law that requires several steps and precise planning. When a person is incapacitated as an adult, it means they can no longer care for their wellness – defined as no longer being able to feed, shelter, or clothe themselves. Despite their inability to take care of themselves, all humans deserve dignity and have a statutory right to have their wishes followed as long as the wish in their best interest.
Spouses who are experiencing mental capacity issues have a right to care for their own spouse before any other person, and have options to care for community property within their rights. Family members seeking a way to protect their parents, siblings, or incapacitated children from being taken advantage of, from living unhealthy lifestyles, choose a safe residence, offer them appropriate dietary help, and most importantly, keep them safe and sound, have an avenue through Guardianship.
Minors receiving certain settlements, insurance benefits, or other forms of inheritance may require a Guardian of the Estate to care for those funds before they turn eighteen years old.
Disabled minors turning eighteen years of age with incapacity may require a Guardian to make medical choices for them or to control their place of residence and any funds they may receive. Without a Guardianship, hospitals and banking entities will not allow you to make choices for an incapacitated adult.
Members of our Probate Section routinely advise and help clients through the complex world of Guardianship. The steps to Guardianship are listed below.
We regularly advise and represent clients on matters including the following:
- Planning for Guardianship and seeking alternatives
- Drafting and preparing Applications for Guardianships through the Court responsible for handling those issues, typically Probate Courts but often County Courts as well.
- Making sure service is perfected to all required members of the family and caretakers under statute
- Encouraging and negotiating family disputes and finding safe and effective resolutions without litigation.
- Appropriate designation and tracing of assets
- Working with Court appointed ”Attorney Ad Litems” and “Guardian Ad Litems” required by the Court
- Making sure any applicant has any adverse issue removed, such as debts
- Preparing and protecting assets during Temporary Guardianship appointments
- Helping with JBCC training and background checks
- Preparing and attending hearings to get the client appointed
- Setting the client up with bond companies and preparing inventories
- Alerting and assisting in annual reporting and accounting
Set up a call with our Guardianship attorneys to be walked through the complex and often draining world of Guardianship. Your loved one is worth the time and effort it takes to keep their best interest intact.
Vanessa J. Solis-Maduzia