Is Your Family Reviewing Guardianship Options?

A guardianship over a minor’s estate may be necessary if the child is a beneficiary to an inheritance. The guardian will provide management of the financial affairs and property until the minor becomes an adult. Guardianship over the person and estate of a minor may be necessary if the child’s parents are no longer able to provide for the child. The court may approve a guardianship if it is in the child’s best interest. The family court will handle the guardianship if the proceeding is just for guardianship of the person of a minor. The probate court handles filings for guardianship over the estate and the person.

Among other duties, the person appointed as guardian is responsible for inventorying all assets and making a report to the court on a regular basis.

Guardianships Of Incapacitated Persons

When an adult of any age is unable to take care of their physical or financial needs, the probate court may grant guardianship to another adult or entity to ensure the vulnerable person doesn’t suffer harm because of their inability to manage on their own. From catastrophic car accident or sports injuries to progressive dementia, an adult may be at risk of harming themselves because they are unable to make decisions in providing for their own:

• Food
• Housing needs
• Clothing and personal items
• Health care
• Safety
• Transportation
• Financial affairs

The guardianship is typically sought after exploring all other options for helping the vulnerable adult. The probate court may establish the guardianship over the person or over the estate – or both – of the vulnerable adult after finding it to be the least restrictive way to help the incapacitated person meet their needs.

In a guardianship proceeding, the court calls the incapacitated person the “proposed ward.”  The proposed ward has a right to an attorney’s counsel and advocacy to ensure having a voice during the proceeding.

Call On Our Caring And Knowledgeable Attorneys To Learn More

Guardianships for minors and incapacitated adults can be challenging to complete on your own. Get the help of an experienced attorney. Call Riddell Law, PLLC, or email for trusted counsel, advice and representation: 603-610-1580.