Guardianship
When a parent cannot sign for themselves
Guardianship is a court process of last resort. We look at every gentler option first, and we guide you through court if nothing else will do.
A parent who can no longer manage money or understand medical choices needs someone with legal authority to act. If no power of attorney was signed in time, a court may have to appoint a guardian.
What we handle
Whether court is needed at all, or an easier path will do
The petition, the notices and the hearing, prepared and attended
The yearly reports a guardian owes the court
Before court
Ask these in order
Guardianship takes away a person’s rights, so courts expect families to have tried the rest.
- 01
Step 1: A power of attorney already exists
If your parent signed one while able, the agent may already have the authority needed. We read it with you.
- 02
Step 2: A health care proxy exists
The named agent can speak with doctors without a court order.
- 03
Step 3: Help with money only
Joint accounts, a representative payee for benefits or a bill-pay service can sometimes cover it.
- 04
Step 4: Court is the only way
We prepare the petition and the medical evidence and ask the court for the narrowest order that works.
Questions
Guardianship, step by step
What is the difference between a guardian and a conservator?
Names differ from place to place. One usually decides on health and living arrangements, the other manages money. We explain the terms your court uses.
Does my parent have to be there?
Usually the court wants to hear from the person, or to see good reasons why not. We prepare you and your parent for the hearing.
How long does a guardianship case take?
Weeks to a few months, longer if a relative objects. If something urgent is happening, we can ask the court to move faster.
Can a guardian be removed?
Yes. The court reviews each year, and a guardianship can be changed or ended if things improve.
Find out whether you need court at all.
Often the answer is no. A free thirty-minute call will tell you.
Fees are quoted in writing before work starts; court and filing costs are separate.