GUARDIANSHIPS

Are you concerned about the welfare of a child or adult who cannot manage their own affairs? Guardianship is an issue involved in estate planning. Guardianships exist for adults and children in need of a court-appointed adult to take charge of their care, well-being and day-to-day personal issues. When children lose their parents or adults are unable to manage their own affairs due to disability, someone needs to step in and help.

If you have minor children, naming a guardian for them is one of the most important considerations in your estate plan. Typically, if one parent dies, the surviving parent will remain responsible for the children. However, complications arise if both parents die simultaneously or if one parent has re-married. Unless you choose guardians for your minor children, the court decides who takes custody of the children.

Thanks to a great increase in life expectancy today, most of us can expect many more years of productive life. The less attractive side of this development is that we can also live to ages at which we will experience some degree of disability. There are simple, inexpensive ways to prepare for the possibility of needing help with business matters and personal care, but unfortunately many people reach the point of disability with no plan in place to ensure they are properly cared for. Dealing with a family member who cannot care for their self can be an ordeal. Coordinating medical treatment and housing options for one who is unable to make appropriate life choices can be emotional. Managing finances for one who cannot manage his or her own assets can be challenging. Often, these issues are further complicated by family dynamics. Ossinsky & Cathcart, P.A. can help.

It is possible to avoid the necessity of a guardianship through proper estate planning. A good estate plan will include a Medical Power of Attorney which will enable a trusted individual to make health care decisions for you in the event of incapacity and a general Durable Power of Attorney to permit a trusted individual to manage your personal affairs. To a considerable extent, these documents can specify how you wish to live and how you wish to be treated in the event of disability.  The attorneys of Ossinsky & Cathcart, P.A. are sensitive and empathic when dealing with legal issues that apply to a loved one and will assist you in appointing the conservator or guardian best suited to handle issues for minors and incompetent adults.

We also assist clients in the ongoing management of the conservatorship or guardianship estate, the required court reports and proceedings and other administration requirements of the conservatorship or guardianship. We apply our litigation, negotiation and alternative dispute resolution skills to help resolve family disputes if the appointment of the guardian or conservator is contested or if questions arise about the administration of the guardianship or conservatorship. Our litigation team brings the necessary expertise, sensibility and sensitivity to humanely and discretely resolve the dispute.