What is a Guardianship?

Estate Planning Attorneys for Guardianship Proceedings

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If an adult member of your family becomes incapacitated, it may be necessary to seek a legal guardianship to protect their finances and to ensure they receive the best care possible. Kantrowitz, Goldhamer & Graifman, P.C. is experienced at handling complicated guardianship proceedings, should they become necessary.

Guardianship proceedings may become expensive, if litigation is required and often affects family relationships. It is better to have a durable power of attorney, a living will and an advance health care directive/health care proxy, to avoid guardianship proceedings. Having these properly drafted documents should negate the need for a contested hearing or court-appointed guardianship.

Can Durable Powers of Attorney Avoid Guardianship Proceedings?

The best way to deal with a guardianship situation may be to avert it by implementing a legally documented plan before a time of critical need. It is difficult to think about yourself or someone you are close with sustaining serious injuries in an accident or becoming ill. However, dealing with this possibility when you have all of your faculties can prevent an upsetting legal situation.

KGG’s estate attorneys can work with you to draft durable powers of attorney and health care proxies so that you have people and plans specified in case you ever are temporarily or permanently incapacitated by injury or illness. The absence of these legal documents may require the court to appoint a guardian in the event that you are unable to make these important decisions for yourself.

Does Your Relative Need a Guardianship Appointed?

When an injury or illness renders an adult incapable of making decisions about his or her affairs, having a legal guardian may be necessary. This guardian will take over their responsibilities, such as:

  • Personal care
  • Living circumstances
  • Finances
  • Legal matters

In order to appoint a guardian, a judge will first require clear and convincing evidence that a state of incapacity exists. However, each case is different. We will need to review your specific situation to evaluate the case and to determine what proof is needed by the court.

Guardianship hearings can also be unpleasant experiences. If the person who is becoming a ward does not or cannot understand what is happening, they may become confused or angry. Our KGG estate lawyers understand that you only want what is best for your loved one. We handle all guardianship proceedings with care and sensitivity for everyone involved.

Estate Planning Attorneys for Guardianship Needs

If you need to go to guardianship court for a judgment or if you would like to put documents in place to avoid this battle, our estate attorneys can help. Please call us in Rockland County, New York or Bergen County, New Jersey at (800) 711-5258 or fill out an online contact form to schedule an appointment. Messages left after business hours are returned promptly.