Guardianship

A guardianship proceeding involves asking the Court to appoint an alternate decision maker for an adult who is incapable of managing their personal affairs. There are three general circumstances in which guardianship issues tend to arise:

  • a child with a developmental disability is approaching the age of 18
  • an adult sustains a traumatic brain injury that interferes with their ability to manage their own affairs; or
  • an individual becomes affected by a medical condition that results in the deterioration of their ability to make their own decisions or manage their own affairs.

The person for whom the Court appoints a guardian is referred to in the law as a “ward.”

The court-appointed guardian makes decisions about:

  • where the ward lives
  • what medical care they receive
  • what activities they participate in
  • decisions relating to their personal property

The law requires that the decisions made be in the best interest of the ward and that the decisions and their implementation interfere with the ward’s civil liberties only to the extent necessary to protect the ward.

Contact Patricia Buss to discuss your legal matter today.