Guardianship Representation
When a loved one is unable to manage their own affairs due to physical or mental incapacitation a court ordered guardianship empowers the guardian with the authority to make decisions for the individual who is incapacitated. A person adult or minor under the age of eighteen may be considered incapacitated when they cannot:
- Provide food, clothing or shelter for themselves;
- Care for their own physical health; or
- Manage their financial affairs
Guardians may have authority from the court over the person to make decisions relating to medical treatment, living environment and other matters that safeguard the well being of the special needs loved one. The court may also appoint a guardian of the estate to manage an incapacitated person’s property and financial affairs. A guardianship removes many civil rights of American citizenship, the right to manage their own affairs, to chose where to live or consent or refuse medical treatment. The court requires substantial evidence and documentation to substantiate incapacitation. There is significant distress for those called on to seek guardianship of a family member. We understand the stress and believe that empathy and full preparation are necessary for the best long-term outcome for the incapacitated person and the guardian.