Guardianship

Guardianship is a legal procedure to protect the personal and/or property rights of an incapacitated person by having a Court appointed guardian. There are various types of guardianships. An attorney can assist you in determining what type of guardianship, if any, is necessary.

Guardianship cases are generally established when:

  • Someone is declared incapacitated. An adult who isn’t capable of taking care of their own financial affairs and/or their own personal wellbeing.
  • A guardianship is required for a minor who is the recipient of a court settlement over $15,000.
  • A minor has inherited money more than $15,000 or real property.
  • There is a need by a parent to have a guardian appointed because the parent is not going to be available for a period of time, such as a mother going into the military.

An individual may choose a person to be their guardian or the guardian of their minor child(ren), before they have a need for that guardian, by completing a Declaration of Pre-Need Guardian.

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