Elder Law and Guardianship

ELDER LAW AND GUARDIANSHIP

Protecting the Elderly and Disabled

Adult Disabled Guardianship

Adult disabled guardianship is the legal process whereby the Court appoints a guardian for a person who has been determined to be legally unable to take care of his or her finances and/or personal care and health.

To ensure the independence, rights, and well-being of the ward, guardians are granted only the powers necessary to make decisions and give consent to do what the disabled or incapacitated person cannot do for themselves. This may include making financial and medical decisions for the ward and overseeing and monitoring his or her education, caretaking, and services.

Who needs a Guardian?
Guardianship is most needed in the following circumstances:

• A child with special needs who is 18 years of age or older
• Mentally or physically disabled or incapacitated adults who cannot properly take care of themselves financially or their personal care/health
• The elderly who, due to Alzheimer’s, dementia, or physical limitation or incapacitation, cannot take care of themselves.
• A minor, which is defined as a person under the age of 18

The Guardianship Process
It is necessary to petition the court to be appointed as legal guardian for your disabled adult child, parent, or other loved one. The process of guardianship can be a legally complicated process. The lawyers at Hood Law can advise you of the law and the guardianship process and can petition the court for the appointment (or removal) of a guardian for a disabled parent, adult, or child.

Should there be a dispute in the area of guardianship, the attorneys at Hood Law are experienced litigators and can represent your interests in court.

Litigation: Guardianship and Elder Law Disputes

Occasionally, disputes arise in the area of guardianship, such as the necessity of a guardian or choice or competency of a guardian. The attorneys at Hood Law are experienced litigators and can represent you in court in these matters.