Guardianship Litigation

If you have a family member or loved one who can no longer make or communicate sound decisions about his or her own physical well-being and/or property, establishing a guardianship may be in their best interest.  Porzio can assist you in determining whether instituting a guardianship proceeding on behalf of a loved one is the right option for you.

If you decide after careful consideration that a guardianship is the right choice, Porzio will petition the court to have a guardian appointed for the incapacitated person to make decisions on his or her behalf.  Typically, but not always, a family member is appointed to be the guardian.  

Guardians serve two major roles:  1) the advocacy of the incapacitated individual's personal and medical health; and 2) the management of the incapacitated individuals financial interest.

There are two types of guardianships, "of the person" and "of the property."  A guardian of the person is typically assigned responsibilities to:

  • Determine the individual’s place of residence
  • Consent to medical treatment
  • Monitor non-medical services, such as education and counseling
  • Make end-of-life decisions  


In contrast, a guardian of the property is typically assigned responsibilities to:

  • Marshal and protect assets
  • Receive income for the estate
  • Make disbursements as needed  

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