Practice Areas

Guardianship

Life Requires Planning. . .

Unfortunately, many of our loved ones will not properly plan for their futures and—at some point—the absence of a plan might require intervention to take control of that loved one’s medical and financial affairs.  For the parent or spouse who has become incapacitated and unable to make medical and financial decisions, in the absence of a Health Care Power of Attorney and a Durable General Power of Attorney, a Guardianship is often the only option; your only way to help.  Guardianships also arise in the context of developmentally disabled adults.  For example, the parent of a disabled minor has the ability to make medical and financial decisions on behalf of their child, but only until such child turns eighteen (18).  Once emancipated, a Guardianship is necessary for that parent to continue to make medical and financial decisions for their disabled (now) adult child.

What Is A Guardianship? A Guardianship is a protective arrangement established by the Court on behalf of an incapacitated individual or a disabled adult child.  Frequently, Guardianships are established on behalf of older adults who have lost mental capacity due to senile dementia, major strokes and severe mental illness, among other conditions.  In such cases, loved ones will be required to go to Court and ask that someone be appointed, and empowered, to make decisions on behalf of the incapacitated family member.  In some cases, a parent of a disabled child may need to apply for either full or limited Guardianship once that child turns eighteen (18) so that the parent can continue to make the necessary financial and medical decisions on the child’s behalf if he or she does not have the capacity to do so.

How Can We Help? At Fendrick & Morgan, LLC, we have successfully handled all types of Guardianship proceedings for incapacitated adults and developmentally disabled individuals. Two types of Guardianships exist: (1) Guardianship of the person, and (2) Guardian of the property.  The Guardian of the person is in charge of making personal and medical decisions on behalf of a mentally incapacitated individual.  The Guardian of the property is in charge of making financial decisions on behalf of such individual.  One person may serve as a Guardian of both person and property.  Also, in some cases, a limited Guardianship may be appropriate.  For example, the individual might be unable to manage their financial affairs, but may be able to adequately express an opinion regarding their living situation.  We can walk you through the process and help your family by ensuring that the appropriate Guardian is appointed to make medical and financial decisions on behalf of your loved one.

Benefits of a Guardianship

• Protect the wellbeing of a loved one by ensuring that the appropriate person is legally appointed to make medical decisions on his or her behalf.
• Protect the assets of a loved one by ensuring that they are properly used on his or her behalf, and not unnecessarily dissipated.
• Peace of mind.