Guardianship

Guardianship is when a probate court appoints an individual—a guardian—to make decisions on
behalf of another—a ward—who is incompetent or are a minor child. The probate court oversees
the guardian’s actions to assure that the ward’s best interests are being served. A guardian may
be appointed to manage a ward’s personal affairs and health care, a ward’s finances, or both.

We regularly assist clients with initiating guardianships for loved ones and in managing and
administering on-going guardianships.

Does my loved one need a guardian?

The first consideration is whether the person meets the definition of an “incompetent.” Is the
person so mentally impaired that the person is incapable of taking proper care
of themselves?

What are less-restrictive alternatives to guardianship?

Guardianship can be a significant limitation on a person’s rights. Therefore, it is important to
consider alternatives. If the person in need of help has powers-of-attorney or if they can sign
new ones this might be all the person needs.

Representative cases

• J.B. – This gentleman had developed significant dementia and memory issues. Unfortunately, a woman had moved into his home that he believed was his “girlfriend.” The “girlfriend” had significantly victimized J.B. financially and had even dragged J.B. to get married in a ceremony he did not remember. Adam assisted J.B.’s daughter to become his guardian, to stop the financial victimization, evict the girlfriend, and to arrange an annulment of the sham marriage. With his daughter’s help, J.B. was able to remain in his home.

• J.M. – J.M. was a colorful, eccentric gentleman whose mental and physical faculties had significantly diminished. He had begun to be the victim of scam artists and was living alone in unhealthy, dangerous conditions. J.M.’s only daughter lived in California and could not provide day-to-day help. Adam became J.M’s guardian, and with his daughter’s help, moved J.M. into a safe and reputable assisted living facility. Adam maintained and—after his death—sold J.M.’s numerous properties and vehicles for his daughter’s benefit.