Guardianship

Guardianship is a court approved process by which one person is granted authority to handle the affairs of another. There are two types of guardianship: guardian of the person and guardian of the estate. The guardian of the person makes decisions relating to the physical welfare of the person – medical, caretaking,nursing care, and the like. A guardian of the estate oversees the financial affairs.

To obtain a guardianship, the person applying must file a petition with the court accompanied by a certificate from a medical doctor attesting to the ability of the person for whom guardianship is sought to attend to the needs of his or her person, estate, or both.

Guardianship is not limited to application for the elderly. Guardians may be appointed for children, persons with disabilities, or persons who have received funds as a result of a settlement or verdict in an injury or medical malpractice area. Susan Rogers is often appointed by the Court as a guardian for elderly persons. Lynn Weisberg is often appointed as a child’s representative to determine the best interests of a child in divorce or custody proceedings.

Our firm has experience in establishing guardianships for a wide variety of persons. We also challenge the guardians who do not handle their responsibilities appropriately.

Guardianship may also be appropriate for children of parents who do not properly care for their children. Our firm has experience in representing persons (often other family members or grandparents) who seek to obtain guardianship for children’s who have uncaring, drug addicted, alcohol dependent, or mentally infirm parents.