Our office handles guardianships of minors and incapacitated persons.
GUARDIANSHIP is a legal proceeding in which a guardian is appointed to exercise the legal rights of an incapacitated person or a minor.
While a child’s parents are the child’s natural guardians and in general may act for the child, in circumstances where the parents die or become incapacitated or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding $15,000, the court must appoint a guardian. Both parents or a surviving parent may make and file with the clerk of the court a written declaration naming a guardian of the child’s person or property to serve if both parents die or become incapacitated. A guardian may also be designated in a will.
An adult guardianship is necessary if the court finds an individual’s ability to make decisions are so impaired that the right to make such decisions should be let to another person. Guardianship is only warranted when no less restrictive alternative—such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive—is found by the court to be appropriate and available.
DETERMINATION OF INCAPACITY-In a guardianship of an incapacitated person the alleged incapacitated person must be determined by the Court to be incapacitated before establishing a guardianship for that person.