A multitude of events can cause a family member to pursue a guardianship or conservatorship. We can be of assistance in many situations, including cases where:
- A single parent is unable to care for their child because of addiction, mental health issues or incarceration. In this case, it may be necessary for a relative to establish a guardianship for the child.
- Both parents are incapacitated, and an uncle or aunt or another family member steps up to establish a guardianship. A guardianship of this kind can be temporary or permanent (until the child reaches age 18).
- A stepparent wishes to become a minor child’s guardian. This often occurs when the other biological parent is unable to parent or their whereabouts are unknown. This type of guardianship can in some cases lead to a formal adoption. If the biological and legal parent returns or their incarceration terminates, that parent may seek to cancel the guardianship and resume parenting. In this case, a formal hearing will be needed to determine what is in the child’s best interests.
- An adult has no estate planning documents on file, such as a financial power of attorney, and becomes incapacitated (after a stroke or the onset of dementia, for instance). A guardianship or conservatorship may be warranted to allow someone to oversee their finances and decisions about their personal care.
- Cases where an adult needs government services. In conjunction with a guardianship, we can assist with creating a special needs trust to preserve their Medicaid eligibility.
Our legal team is here to provide you with your rights and options in these and similar matters. We offer comprehensive support and guidance for all manner of events that affect both wills and estates. Our mission is to work with you to ensure that the person who requires oversight receives the care and protection they need and that this is effectively communicated to the court.
