Guardianship is an issue that arises when a person is not able to make important decisions for him- or herself, and another must be appointed to do so. Maybe a minor is left without parents, or has an estate that needs to be administered following a family death. Another guardianship scenario occurs when an adult person is incapacitated in some way and needs someone to determine medical and financial decisions.
Guardianship is overseen by the probate court. Establishing guardianship means the state is taking away the rights of one person (the “ward”) and giving them to another person to manage (known as the “guardian”). The ward’s interests are taken very seriously and must be protected, so guardianship is a complex matter that does and should require legal and court oversight. Almost all guardianship issues are required by law to be supervised by the courts. It is crucial to understand your circumstances and all of your options.
Guardianship is often complicated further by the emotional issues that come with struggling over difficult family decisions. A clear-headed and experienced advocate who can keep an eye on the long term needs of the ward is the right person to assist you in defending or defeating a guardianship situation.
Guardianship cases are required to have legal representation, for your protection. Rely on the skill and compassionate guidance of Albin Roach’s own Jeffrey Yates who has extensive experience in issues of estate planning, guardianship, and trust.