Age, disease, or an accident may deprive a person of the capability to care for one’s personal and/or financial needs. In some cases, guardianships can serve as a "last resort" option if alternative approaches will not suffice. At Davidson Law Group, our guardianship attorneys are compassionate and experienced advocates for our clients and their families.

Does my loved one need a Guardianship?

Guardianship over a person or estate is a court process that is designed to protect and care for individuals who are unable to care for themselves. If you suspect that a loved one is unable to care for some or all of their basic needs, or appears to be a danger to themselves or to others, a gu­­­ardianship may be needed - especially if your loved one does not have a medical or durable power of attorney.

Guardianship of a Person

A Guardian of the Person may be appointed by the court to take care of the physical well-being of a ward (i.e. the person requiring the care).

A guardian of the person has:

  • the right to have physical possession of the ward and to establish the ward’s legal domicile;
  • the duty to provide care, supervision, and protection for the ward;
  • the duty to provide the ward with clothing, food, medical care, and shelter;
  • the power to consent to medical, psychiatric, and surgical treatment other than the inpatient psychiatric commitment of the ward;
  • upon application to and order of the court, the power to establish a Qualified Income Trust.

Guardianship of an Estate

A Guardian of the Estate may be appointed by the court to manage the financial affairs of the ward (i.e. the person requiring the care).

A guardian of the estate has the authority to:

  • pay the ward’s bills;
  • invest the ward’s money;
  • the right to sign contracts on behalf of the ward;
  • the right to apply for government benefits such as Medicaid;
  • the right to file a lawsuit on behalf of the ward;
  • buy or sell property on behalf of the ward.

Schedule Your Free Consultation