As part of our estate planning practice, we help our clients set up their advanced planning for incapacity, such as powers of attorney and declarations to physicians (living wills). However, when this advance planning has not been done, or the powers of attorney are not sufficient, we also help our clients pursue or defend a guardianship action.
If a person becomes incapacitated and has not executed a power of attorney for health care or finances, it may become necessary for the court to appoint a guardian of the person or estate to make medical or financial decisions on the person’s behalf.
Sometimes a guardianship action is still necessary for a person who does have valid powers of attorney for a variety of reasons, including the incapacitated person resisting the agent’s authority or family conflict.
We understand that going through a guardianship action is stressful and can be overwhelming at times. We use our legal expertise and compassion to help your family through this difficult situation.