Guardianship

In the event an individual is unable to manage his/her own affairs and advance directives have not been completed, Elder Law Associates PA advises clients regarding all aspects of legal guardianship proceedings.

The guardianship process requires the filing of court documents, the appointment of an Examining Committee for the purpose of reporting to the court its recommendation regarding the need for the appointment of a guardian, attendance and presentation of evidence at a court hearing, and the post-appointment filing of court documents.

Children and other relatives, such as nieces, nephews and cousins, frequently consult Elder Law Associates PA about their legal rights and obligations when a guardian proceeding is commenced either by the Department of Children and Families or another family member. In many cases, the children and other relatives live out of state, making it extremely difficult to participate in the guardianship process. Elder Law Associates PA fills this void by attending all hearings scheduled by the court and filing legal papers with the court outlining our clients’ position regarding the need for the appointment of a guardian, who the appointed guardian should be, the development of a care plan for the ward and the development of a plan for the management of the ward’s assets.

In some cases, guardianship matters are adversarial due to family conflicts. Elder Law Associates PA has extensive experience handling contested guardian proceedings. Therefore, we are able to guide our clients through very difficult and often emotional proceedings.

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