What is a Guardianship and when is one needed?
The laws around Guardianship are very complex and will vary from state to state. Generally speaking, individuals with certain physical or mental incapacity or illness who are incapable of taking care of themselves, or are incapable of making or communicating informed or responsible decisions may require a formal Guardian to act on their behalf. We are often involved with families where a parent or loved one has a dementia and a DPOA or Health Care Proxy was not executed prior to their incapacity. In many of those instances, a spouse or child have enlisted our assistance to arrange for a Guardianship petition so that they are legally empowered to manage the person s estate and/or make appropriate health care decisions on their behalf.
