Court Applications for Guardianship

When a person becomes incapable and has not left a continuing power of attorney appointing a substitute decision maker, a family member or close friend may apply to court to become a guardian. There are two types of guardians:  guardians for personal care and guardians of property.  If the court approves the application, the guardian can step in to make decisions on behalf of a person who has become incapable.  Depending on whether the applicant seeks to become a guardian of property or personal care or both, the applicant must file a management plan or guardianship plan.  Sometimes, the family and friends of the incapable person agree on who should act and the application proceeds on consent.  At other times, there is more than one applicant and the court must decide between competing applications for guardianship.  de VRIES LITIGATION has significant experience with guardianship applications.  We provide solid advice about applications for guardianship and winning advocacy in contested litigation over guardianship.