Obtain a guardian for an incapacitated person

In the unfortunate event that a friend or loved one has become mentally incapacitated, and assuming that they have appropriate planning, you may have to seek to have a guardian appointed for this person so that their financial and/or personal needs can be taken care of. Depending upon a number of factors, including how incapacitated the person is and their current living arrangement, a guardian may be appointed to control such person’s financial, personal or both financial and personal affairs.

A guardianship proceeding (i.e. the process whereby a guardian is appointed for a person) is complex and may take several months. A guardian, once appointed has substantial responsibilities. Those include not only handling the affairs of the incapacitated person, but all preparing annual accountings and making applications to the court for special or additional authority to act on behalf of the incapacitated person.

Contact us if you feel this is the course of action you should take.