Guardianship is a court proceeding where an individual is appointed to assist a minor or an incapacitated person who is no longer able to manage his/her assets, make living arrangements and/or make medical decisions for himself/herself.

Many times a guardianship is unavoidable and the family or a well meaning friend must ask the court to appoint (through their attorney) a legal guardian for the incapacitated person.  If there is an immediate concern that the incapacitated individual might be taken advantage of financially or is in imminent danger physically, then an emergency guardian can be appointed.

Once a guardian is appointed many procedural requirements must be considered and followed.  Stringent accounting requirements must be followed with formal accountings filed with the court annually.  Guardians must also file annual plans reporting the medical and living conditions of the incapacitated person.  Guardians must have court approval prior to taking certain actions.  Legal advice is essential to the proper and faithful performance of a guardian's obligations.

On occasion, no family members are available to serve as guardian and sometimes family dynamics are such that a family member serving as guardian is unrealistic or not advisable.  While the attorneys at Mary A. Byrski, P.A. do not serve as guardians, we can help you to locate a trustworthy and compassionate professional guardian.