Guardianship is a process where a person applies to a Court for legal authority to make decisions for an incapable person or a minor. The Court can appoint guardians for persons who are mentally incapable of managing property or making personal care decisions (treatment, self-care, home care services, hygiene, shelter, nutrition, clothing or safety). The Court can also appoint guardians to manage the property of minors.

Our lawyers are experienced in bringing and responding to guardianship applications and also frequently act on behalf of incapable or allegedly incapable persons.. In all matters, we strive for timely and cost-effective resolutions that keep the focus of guardianship litigation on the rights and best interests of the incapable person.

Our guardianship services include:

  • Seeking that a court appoint a guardian for an incapable person;
  • Representing family members or incapable persons who are responding to guardianship applications;
  • Consultation with personal injury lawyers on the particular options and needs of clients with acquired brain injuries or intellectual/ cognitive disabilities;
  • Seeking statutory guardianships (management of an incapable person’s property by the Public Guardian and Trustee);
  • Terminating statutory guardianships:
  • Assisting guardians with preparing and amending management plans and guardianship plans;
  • Seeking directions from the court when questions arise about a guardianship;
  • Advising guardians on their duties and obligations, including record-keeping obligations;
  • Seeking accountability from court-appointed guardians; and
  • Terminating court-appointed guardianships when a guardian is acting dishonestly, improperly, or showing incompetence.

Contact us to explore whether you would benefit from representation in a Guardianship matter.

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