Guardianship Claims Support
As a father, mother or loved one loses the capacity to properly manage his or her own life, it can be an intensely emotional time, one too often compounded by disputes over who is in the best position to provide and protect.
We provide guidance, advice and counsel in guardianship, power of attorney and capacity disputes. We help you fully understand your case, provide realistic expectations of what you can achieve, and aggressively pursue your goals.
Practical, Effective and Aggressive
The costs and challenges of a courtroom guardianship fight can be overwhelming. We help you find strategies to pursue your goals, including negotiation and mediation options that can be as effective and often faster than litigation.
We also understand how important the proper care and protection of a loved one is. When litigation is the best pathway available, we field the resources and experience to support your case. Our offices work with clients in matters of:
- Guardianship applications
- Power of attorney for property
- Power of attorney for personal care
- Claims of abuse
- Capacity disputes
We understand the charged nature of these cases, which is why we make it a priority to be a reasonable but fierce advocate for clients. We stress the potential savings and improved opportunities of alternative dispute resolution, but never at the expense of fighting for what is most important to you.
Becoming a Guardian
There are two procedures for becoming a court-appointed guardian: 1. the “standard procedure”; and 2. the “summary disposition procedure.” Assessments are required in a summary disposition procedure, but if you follow this procedure, you can obtain a judgement appointing a guardian without recourse to a judicial hearing.
Whatever procedure you use, you may be appointed either a property guardian or a personal care guardian. Here is an explanation of the different roles:
- Property guardian: Your role as property guardian is to step into the incapable person’s shoes for the purposes of making financial decisions and transactions on his or her behalf, as well as protecting his or her financial welfare.
- Personal care guardian: The essential role of a personal care guardian is to act as a substitute decision maker and make personal care decisions for the incapable person when necessary. Personal care decisions can include where to live, what to eat, safety, clothing, personal hygiene and health care.
Consult With a Trusted Partner
Contact our estate planning law office today to schedule an initial consultation with one of our guardianship and power of attorney litigation lawyers.