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GUARDIANSHIPS

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In situations where an individual lacks the requisite mental capacity and had not named an agent to handle his personal and financial needs, the only available option may be the commencement of a guardianship proceeding. In the absence of a Power of Attorney and Health Care Proxy, or if such documents do not provide sufficient powers, it may be necessary to petition the court for the appointment of a person to carry out the individual's wishes. A guardianship proceeding has many disadvantages such as expensive legal fees, delay and the loss of privacy. Moreover, the court-appointed guardian will be granted the authority to make personal and financial decisions for the incapacitated individual which may differ from those that the latter could or would have made if competent.

Guardianship is the most severe form of judicial intervention under civil law, excepting only involuntary commitment. Because of the drastic nature of guardianship, our firm takes very seriously the need for dedicated, caring advocacy in the establishment and administration of guardianships or conservatorships. Our involvement in the guardianship process is in various ways:

• When a person's diminished capacity requires formal court guardianship, we can counsel the family about the legal issues involved, and start the guardianship process to determine the need for a guardian and get one appointed.
• At times we represent persons who are opposed to the proposed guardianship. In those situations, the guardianship process becomes an adversarial proceeding, in which we will seek to prove to the court that a guardianship is not appropriate.
• We represent family members who agree that a guardianship is appropriate, but who do not agree with the proposed choice of guardian by the court. In those types of contested guardianship appointments, our firm advocates for our client's ability to best serve the incompetent person's interests.
• After the guardianship has been established, we advise individual and corporate guardians concerning their powers and responsibilities in administering the guardianship estate.