Guardianship is a legal proceeding in which a Guardian is appointed by the court to exercise the legal rights of a person found to be incapacitated (also referred to as a “Ward”).
Guardianship can be a costly process and should be utilized only as a last resort. In the event there are alternatives to Guardianship, the court is required to consider these alternatives prior to appointing a Guardian.
Some examples of alternatives to Guardianship include Revocable Trusts, Durable Power of Attorney and advanced directives such as Health Care Surrogates and Living Wills. If these alternatives exist and effectively protect the Ward’s person and property, a Guardianship may not be necessary. It is important to consult with an experienced Guardianship attorney to discuss the Guardianship process.