Guardianship
Protecting Those Who Need Someone in Their Corner
Guardianship matters often involve some of life’s most important responsibilities. Richmond Hill, PLLC provides thoughtful legal guidance to help families navigate guardianship matters with care, clarity, and an understanding of the circumstances involved.
When Someone Needs Additional Protection and Support
There are circumstances when an individual may need someone else to help make important decisions or manage certain aspects of their affairs.
Guardianship can be a complex legal process, particularly when family members have questions about what is appropriate or what responsibilities are involved. We help clients understand their options and navigate the legal process.
Guidance for Complex Family Matters
Establishing Guardianship
Understand the legal process and requirements involved in establishing a guardianship.
Understanding Responsibilities
Learn what may be expected of someone serving as a guardian.
Ongoing Guardianship Matters
Guidance when circumstances change or questions arise after a guardianship has been established.
Every Family Situation Is Different.
Guardianship decisions can affect the entire family. We approach these matters with care, taking the time to understand the circumstances and explain the legal options available.
Our goal is to provide clear guidance while keeping the individual at the center of the process.
WHAT TO EXPECT
A Straightforward Process
01 — CONSULTATION
We’ll learn about your situation, answer your initial questions, and discuss your potential options.
02 — PLANNING
Together, we’ll determine the appropriate path forward and prepare for the next steps.
03 — GUIDANCE
You’ll have legal guidance throughout the process so you understand what’s happening and what comes next.
FREQUENTLY ASKED QUESTIONS
Guardianship Questions, Answered.
What are my options if a loved one has dementia and never executed a power of attorney?
Guardianship and conservatorship are the backup court processes by which the court names a person to handle the personal or financial decisions of someone who no longer has capacity, even if they failed to name anyone. A friend or family member can serve, or there are professionals who can be appointed. The guardianship/conservatorship process has many safeguards, which is why it is also a relatively slow and complex process.
My parent executed a power of attorney in my favor, but they are now spending money in unwise and uncharacteristic ways and are resisting my efforts to stop them. Is there anything I can do?
With the proper findings, a court can take away someone’s right to contract for themselves and instead place that power in the hands of a conservator. Sometimes this is necessary even for someone who executed a power of attorney if the person’s assets are still not safe either from themselves or from others.
I have a child with developmental delays who is turning 18 soon, do I need to be concerned about setting anything up?
Yes! The moment your child turns 18, they are an adult and have capacity in the eyes of the law to make contracts or even get married, and they will be the only one who can consent to medical care. If they are not going to be able to handle that responsibility, you will need to petition the court to review their case and establish a guardianship and conservatorship for them. Typically this process is very straightforward for these clients, but you will want to get started a few months before their 18th birthday to ensure a smooth transition. For some individuals lesser restrictive alternatives are appropriate, and we can also review those options with you.
I have conservatorship for a family member but I am overwhelmed with the reporting requirements—can you help?
Yes, we assist lay guardians both with accurate and comprehensive reporting and with setting up budgets that will simplify future reports.
READY TO TAKE THE NEXT STEP?
Let’s Talk About Your Options.
Schedule a consultation with Richmond Hill, PLLC to discuss your circumstances and learn more about how we may be able to help.