Guardianship is required when a person is incapacitated or impaired and is established through a legal proceeding in the County where a person resides. Guardianship can be for minors or adults.
Voluntary Guardianships are when a person who is beginning to fail physically or mentally but still has capacity to make decisions feels it is in his/her best interest to have a family member or other third party serve in a court appointed position as guardian to manage the person’s financial decisions.
Involuntary Guardianship occurs (in most instances) where a person is already incapable of making informed decisions for himself or herself. In those cases a relative or other third party believes it is necessary to ensure the health, safety and welfare of the person or his/her property and initiates a proceeding to first have the person adjudicated incapacitated and then have a guardian appointed.
A Guardian-Advocate is a flexible type of guardianship proceeding specifically designed for adults with developmental/intellectual disabilities. It is a streamlined form of guardianship that is much more affordable to obtain; helps protect the rights of the person and their property; and allows for the restoration of a person’s rights should the individual demonstrate appropriate levels of capacity in the future.
The Elder Law Office of Emma Hemness, P.A. has assisted many of our resident families.