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Families are sometimes confronted with unfortunate circumstances that require the appointment of a legal guardian. A “guardian” is a person who has the legal authority and duty to care for another person called a “ward.” Guardians are used in three primary situations, including an incapacitated senior, a minor, or a developmentally disabled adult.
The DSV Estates and Trusts Practice Group strives to implement a guardian administration that is appropriate for the situation, while respecting the rights of the ward and providing for his protection. A guardianship may arise where a senior is unable to engage in the activities of daily living without assistance, or where the senior is being financially exploited. Parents are considered to be the legal guardians of their children, but they may want to designate another person to become a child’s legal guardian in the event of their death. A guardianship may also necessary when a person of legal age lacks sufficient capacity to manage his own affairs, or communicate important decisions concerning his family or property.
Our professionals have the experience required to advise a guardian on a wide range of issues, including powers of attorney, asset management, and medical treatment. We tailor the administration of the guardianship to meet the particular needs of the ward, while preserving as much freedom and flexibility as possible. The DSV Estates and Trusts Practice Group offers the experience and expertise required to assist in all aspects of guardian administration, from the drafting of planning instruments to the commencement of legal proceedings in the appropriate court.