A guardianship is a legal process in which a court determines whether an individual is unable to make informed decisions due to incapacity and, if so, appoints a guardian to exercise the legal rights of that individual when lesser restrictive alternatives (such as a health care surrogate or agent under Durable Power of Attorney) are not available or are not appropriate given the circumstances. Guardians have the authority to make medical, personal care, and financial decisions for the ward they represent.

For individuals diagnosed with progressive conditions such as dementia, and who lack an agent under power of attorney or healthcare surrogate, the court may determine that guardianship is necessary.

However, at Bach, Jacobs & Byrne P.A. our first priority is to always look for the least restrictive alternative when someone loses capacity. Doing so helps ensure that the court’s involvement is as minimal as necessary to safeguard the incapacitated person’s well-being.

At Bach, Jacobs & Byrne, P.A., we offer comprehensive services in guardianship matters, handling all aspects of even the most complex guardianship cases. Our experienced attorneys are adept at representing clients throughout the entire guardianship process, whether it involves the appointment of a guardian, managing the responsibilities of an existing guardian, or navigating disputes that may arise during the guardianship.