Guardianship

When an individual’s loved one no longer possess the capacity to manage their financial and/or medical affairs, Zarwin Baum’s guardianship team takes special pride to provide compassionate representation tailored to the client’s specific needs.

Our attorneys represent the interests of parents, children, spouses, and other parties in cases of developmental disability, catastrophic physical injury, and the ravages of old age. Our attorneys stand ready with you to petition the court for a determination of incapacity, which will allow for the appointment of a suitable guardian.

Establishing guardianship is of utmost importance in cases of developmentally disabled youth. When an individual reaches the age of eighteen (18), he or she is deemed emancipated from his or her parents. At that time, individuals possess the legal right to make decisions for themselves, regardless of how serious or profound their functional limitations may be. In order for parents to retain the authority to make medical, legal, financial, and other significant decisions on behalf of their child after they turn eighteen (18), they must look to the court for a judgment of incapacity and seek appointment as guardians of their child.

A guardianship, however, may also be warranted in cases where a loved one is afflicted with a decline in cognitive function due to Alzheimer’s and/or other dementias. In such cases, a representative must have the legal authority to step in and make decisions on behalf of their afflicted loved one. Where hospitalization, medical attention, or other significant decisions manifest, the representative of the afflicted utilize guardianships as the primary tool to make the necessary medical and legal decisions on behalf of their loved one.

An individual could also be rendered incapable of managing their affairs where they sustain severe trauma. Unfortunately, catastrophic injuries happen, and when they occur they may render persons in their prime unable to make some or all of the significant decisions they used to make for themselves. In order for a spouse, child, or parent to act on behalf of the injured person, a judgment of incapacity must be made to enable that person to seek selection as an appointed guardian.

Guardianships generally take on two forms.

General (“Plenary”) Guardianship

General guardianship is appropriate for people who are found incapable of making or expressing any decisions. Such guardianships are typically granted in cases of profound disability.

Limited Guardianship

A limited guardianship by contrast delegates decision-making in discrete areas of the person’s life, including residential, educational, medical, legal, vocational, and financial issues. This type of guardianship is generally appropriate for higher-functioning individuals that are capable of making some independent decisions regarding significant issues but remain without sufficient capacity to make all significant decisions. Limited guardianships are highly customizable based on the individual’s abilities and unique circumstances.

At Zarwin Baum, our attorneys stand ready to assist you in the determination of whether to seek a guardianship, and where applicable, the type of guardianship that should be sought based on your loved one’s unique circumstances. We recognize that guardianships are not right for everyone, which is why we work with families to implement creative solutions, such as the execution of powers of attorney and conservatorships, to protect their loved ones without compromise.