A guardianship, like a probate, is a statutory procedure used by courts to protect the rights and manage the financial resources of minors and incapacitated and partially incapacitated persons (“Ward(s)”).
Guardianships may be general, limited, or special in nature, or a combination of all three, and may be for the protection of the Ward’s person and management of the Ward’s property, a combination of both, or one or the other. Persons petitioning for a guardianship must give careful thought to the type of guardianship most appropriate for Ward at issue, as each Ward’s circumstances are different. Ideally, a guardianship should provide for the participation of a Ward, as fully as possible, in the decisions which affect the Ward.
A guardianship is established by petitioning the court, notifying the required persons, holding a hearing on the petition, and the appointment of a guardian. Once appointed, the guardian is granted power to act on behalf of the Ward as a fiduciary. A guardian of the person and property of a Ward must:
- Look to the support, health, and education of the Ward;
- Keep safely the property of the Ward diligently and in good faith, as a prudent person would in managing their own property;
- Provide and have approved by the court a guardianship plan for the Ward;
- Provide a yearly accounting of their guardianship to the court; and
- Follow any other specific guidelines ordered by the court.
At Logan & Lowry, LLP we assist clients, whether as guardians or as persons interested in the guardianship proceeding, with navigating guardianship proceedings from start to finish. Our practice offers flexibility and is tailored to the needs of our clients. For many, we provide the full range of assistance, while others seek our assistance on specific guardianship proceeding issues. Contact us to learn more.