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More About Guardianship

Unfortunately, many individuals fail to plan for the possibility of their own disability or incapacity. Sudden injury or illness may render a person unable to manage his or her own personal and financial affairs, unable to make medical decisions, and unable to execute legal documents. In this situation, absent a properly executed durable general power of attorney and advance medical directive designating an agent to make financial, legal, and medical decisions, family may not be able to act on behalf of their loved one. Rather, they must petition the court and request the appointment of a guardian of the person and conservator of the assets of the incapacitated individual.

The attorneys at White & McCarthy have the experience to serve in all areas of guardian and conservator proceedings. We regularly represent families and facilities in securing the appointment of a guardian and conservator for incapacitated individuals. In addition to the typical powers granted to a guardian or conservator, in many cases, the efficient administration of the estate of an incapacitated adult requires the authority to conduct estate, Medicaid, and special needs planning.

Our attorneys have the experience necessary to recognize the need for these additional powers and to advocate for their authorization. In addition, we also represent individuals alleged to be incapacitated and therefore at risk of losing their individual rights. We also serve as court-appointed guardian ad litem for individuals alleged to be incapacitated. As guardian ad litem we investigate the individual’s living situation, medical records, family relationships, and other applicable information and advocate for what is in the best interest of the alleged incapacitated individual.