Guardianship

Pennington Guardianship Lawyer

Our office assists you with guardianship in two different respects. First, for clients who are doing planning for themselves, we take extra measures so that court-involved guardianship proceedings can be avoided completely. Second, we also help families with young children select guardians in case the unthinkable happens. You can learn more about that kind of Guardianship work at our “Foundational Estate Planning” page.

Guardianship Over An Incapacitated Person

Unfortunately, not all of our clients come to us to do their planning before a crisis develops. Sometimes, we meet family members of a mentally-declining individual where the only solution is a court-driven application for guardianship over the incapacitated individual. The process is more expensive and time-consuming than planning for disability by way of a comprehensive, foundational estate plan. However, we can still help guide these families through the process.

There are two types of guardians that a court can appoint, a Guardian of the Person and a Guardian of the Property. The Guardian of the Person makes personal and medical decisions on behalf of the incapacitated individual. The Guardian of the Property handles financial decisions on behalf of the incapacitated individual. Depending on the circumstances, the court may appoint the same person, or different people, to serve in these roles. In many cases, the court will award attorneys fees from the estate of the incapacitated person.

If you are interested in learning more about how to avoid a guardianship proceeding, call our office for a no-cost, confidential consultation. If the individual in question still has moments of lucidity, there may be a chance to avoid a hearing.  If not, we can help you navigate through a guardianship application so you can take care of your loved one during this emotional time.

Either way, give us a call to learn what can be done.