Guardianship

Guardianships (Minors and Adults)

Guardianship over a person is established when the court determines the functional limitations of an individual have declined to the point where that individual’s ability to participate in and perform minimal activities of daily living is not present.  Guardianship over a person’s estate is established when the court determines that a person’s ability to understand and make decisions relative to financial matters is not present.  The probate court has jurisdiction over these types of guardianships.  To obtain guardianship, the applicant must prove beyond a reasonable doubt that the proposed incapacitated person is unable to provide for his or her basic needs, that he or she is incapable of making an informed decision to provide for his or her needs, that he or she will or has come to substantial harm as a result of his or her incapacity, and finally, the applicant must prove the guardianship is the least restrictive alternative available.  Our office regularly represents families in establishing guardianships over a minor or adult, as well as representing proposed wards.