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 individual's 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