Making difficult decisions in a difficult time.
When an adult has not planned for the potential of physical or mental incapacitation through means such as a trust, power of attorney, or health care directive an application to appoint a legal guardian may become necessary.
An action with the court is usually started by the person seeking the guardian appointed.
A person has the right to start a proceeding by way of his or her relationship through blood, marriage, contract or relationship of trust and confidence.
In some cases, an agency that is charged with the protection of the elderly or a long-term care facility or hospital may also start a guardianship proceeding.
Complexity of Family Involvement
The next of kin of an incapacitated person is entitled to the guardianship appointment, unless that appointment is clearly contrary to the best interest of the incapacitated person or his/her estate.
When family tensions arise among the children of the incapacitated person, between the children and the incapacitated person’s spouse, or between other family members the matter may become highly contentious before the court.
Understanding the complexities of guardianship disputes can be difficult without the assistance of an attorney.
Managing Family Challenges
The challenges of all the family members agreeing can create tension.
If you have to make difficult decisions in a difficult time, you are not alone. Contact Lauren D. Bercik, Esq. and we will help you understand you options and keep your interests in the forefront.
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Contacting our firm is free. We understand that the disputes facing you can seem daunting.
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