Petitioning for Guardianship

A Guardianship is a court proceeding whereby one can obtain the legal right to make decisions regarding the property and/or personal affairs of another.

Guardianship will not be imposed on someone if the court finds that a less restrictive alternative, such as a Power of Attorney, is available. However, the court may revoke a Power of Attorney if it finds good cause to do so, such as if the Power of Attorney was obtained by fraud or duress.

A Guardianship can deal with personal and medical decision making, referred to as a Guardianship “of the Person”; and/or property and financial matters, referred to as a Guardianship “of the Estate”; often an incapacitated person will need a Guardian of both the Person and Estate. The authority of a Guardian may be limited if the court finds the ward still has the ability to manage some of his or her own affairs.

The alleged incapacitated person is entitled to notice of the Guardianship proceeding, and has the right to contest it.

Upon the filing of a Guardianship petition, the court will automatically appoint a Guardian ad Litem; the primary role of the GAL is to conduct an investigation and file a report with the court addressing whether or not a Guardian should be appointed, and, if so, whether the person nominated is an appropriate choice.

The hearing on the guardianship petition is generally heard approximately 60 days after filing; the hearing date can be delayed, if the parties need more time to prepare. If the alleged incapacitated person is being exploited or abused or is in an unsafe environment, steps can be taken to expedite the hearing or seek restraining orders pending a hearing on the petition.

We have experience handling both contested and uncontested guardianship matters.

If you think a guardianship may be necessary for a friend or loved one, or if you are an interested party in an ongoing guardianship proceeding, call us at (425) 455-5513, toll free at (877) 455-5513, or send us an email.