If a person has a Power of Attorney, they have someone (called an Agent) who can step into their shoes and assist with or make decisions or carry out transactions about financial matters – banking, taxes, retirement plans or investments, insurance payments, etc. Ditto for health care decisions if the person has a Health Care Power of Attorney.

But what if someone doesn’t have such an Agent, and then loses capacity for informed consent because of injury, accident, medical crisis, or dementia? In that event, the Court system may need to step in and appoint a Guardian of the Person (medical) or Guardian of the Estate (financial).

Our firm can assist the Petitioner (the one bringing the issue to the Court’s attention) with the required Court documents and the hearing(s) on Guardianship. Petitioners might be relatives, friends, or the long-term care facility where a patient resides. We can also assist appointed Guardians on an ongoing basis, especially with required accountings and with asking the Court for permission for various expenditures, when required. We can even represent the Respondent (the allegedly incompetent person) if they feel that Guardianship isn’t necessary.