Guardianship & Guardianship Mediation
Guardianship becomes necessary to manage financial and health care matters for people when they are no longer to manage those areas for themselves, and when there are not less restrictive alternatives in place, namely a financial and health care power of attorney, prior to becoming incapacitated. A court makes a determination, (or adjudication), of incompetence. Upon an adjudication of incompetence, the court then appoints someone to manage the health and financial decision making for the person who can no longer make those decisions for him/herself.
We can assist families with the emotionally difficult process of filing for guardianship to ease the burden on both the petitioner (the person seeking guardianship of someone) and the alleged ward (the person whose competence is in question). Guardianship is a process requiring court intervention and oversight. We will help you through the process, explaining each step along the way, so that you understand how to best navigate it and reduce the stress and anxiety for all involved.
The process of guardianship is stressful enough for both the alleged ward and for the family. The costs for such a proceeding can escalate very quickly when family members cannot agree on:
Whether Mom or Dad is, in fact, incompetent
Who should be appointed to act as Guardian of the Estate (for financial decision-making) and Guardian of the Person (for health care decision-making)
Arguing the dispute before the court increases the cost not only in terms of real dollars but in terms of the truer and more devastating cost, broken family ties. When we apply proven conflict management resolution techniques to guardianship matters, the results are measurable in terms of savings to all costs, both in terms of dollars and family relationships.