Kemeny, Ramp & Renaud, LLC assists clients in establishing of guardianships for incapacitated individuals. There are times when a loved is not able to take care of themselves. Absent a valid Durable Power of Attorney and Medical Directive, a substitute decision maker is needed to address the needs of the individual.
A guardianship is a protective arrangement established by the court system on behalf of an incapacitated individual or a minor child. Frequently, guardianships are established on behalf of older adults who have lost mental capacity due to dementia, major strokes, and severe mental illness, among other conditions.
In such cases, loved ones may go to court and file for a guardianship action in order to get the appropriate decision-making authority. In some cases, a parent of a disabled child may need to apply for either full or limited guardianship once that child turns 18 for the parent to continue to make the necessary decisions if the child does not have the capacity to do so themselves.
Two types of guardianships exist: (1) guardian of the person, and (2) guardian of the property. The guardian of the person oversees personal and medical decisions on behalf of a mentally incapacitated individual. The guardian of the property is in charge of making financial decisions on behalf of such an individual. Often, one person will serve as a guardian of both person and property.
The lawyers at our firm provide guidance as whether and how to proceed with a guardianship action, as well as assistance in filing guardianship actions, complying with the court’s guardianship reporting requirements, and seeking the removal of guardians who have breached or violated their fiduciary responsibilities.
Contact Kemeny, Ramp & Renaud, LLC to learn more about the guardianship related legal services offered by our attorneys.