Guardianship is a legal proceeding which becomes necessary when a person lacks legal capacity i.e. a minor or disabled adult. Guardianship cases are similar to probate in that they are Court proceedings and are often contested. The Court must determine if an individual has a need for a Guardian and if so who is the proper person to be appointed. Once appointed a Guardian is required to account for assets and to develop a proper plan of care for the person who is subject to the Guardianship case.
Most estate planning clients of the Coleman Law Office desire to avoid Guardianship and the client is provided options and associated costs on how to achieve this goal.