Guardianship

In the case of a minor, the disability can be based on physical or mental incapacity, or it can be simply a case of the child being under the age of 18 and legally incapable of receiving an inheritance or proceeds of a life insurance policy. We can assist the family in establishing a guardianship that will allow the adult to supervise the child and his or her assets.

In the case of a child having “autism spectrum disorders”, a parent is able to handle all of the legal and medical affairs of the child under the age of 18. But, upon reaching the age of 18, that same young person would now be required to sign all of their own documents, and privacy laws prohibit medical and educational providers from sharing any information with their parents. In such a case, we can petition the Court to name the parent as a Guardian Advocate for that child.

In the case of an elderly adult, who is no longer capable of managing their own affairs, a formal guardianship must be filed with the court, requesting that a Guardian be named to manage the property, and take care of the disabled adult (the Ward). This process is both complicated and lengthy and requires the assistance of an experienced attorney to coordinate the initial effort. More importantly, an attorney must prepare annual accountings and reports to the Court, to assure that all procedures are being followed ,and all protective measures are in place for the Ward