When an individual becomes mentally or physically incapacitated, whether due to dementia, disability or injury, a guardianship may be necessary to ensure that the person is properly cared for and protected and that their estate is safeguarded.  A Power of Attorney previously executed may already be in place that adequately addresses the issue.  But in many instances, a Power of Attorney was not previously executed, and the person no longer has the mental capacity to sign, which makes filing for guardianship the best remaining option.

The appointment of a guardian removes an individual’s ability to make decisions on their own behalf.  This is an important distinction from a Power of Attorney, which grants authority to another person to make decisions on an individual’s behalf but does not remove that individual’s ability to continue to make decisions on their own behalf.  This becomes important in instances in which someone is being victimized financially and lacks the capacity to understand that they are being victimized.  Filing for guardianship allows any interested party to request the authority to step in to stop the victimization. Individuals, social service agencies, care facilities and hospitals all have the ability to file such petitions, and any interested party can intervene in the court proceedings.

If you believe that a family member or friend is in need of a guardian, or if a guardianship has been filed for a loved one and you want to be involved in the proceeding, having the assistance of experienced legal counsel can be vital.