Guardianships

A guardianship is the legal process for management of the property and providing for the personal needs of an incapacitated adult. It is a court-supervised, formal and public determination that a person can no longer handle their affairs.

Because a guardianship takes away a person’s rights to handle their own affairs, the court will only impose a guardianship of a person where no other alternatives are available. Less restrictive alternatives may allow a guardianship to be avoided.
Less restrictive alternatives include basic estate planning documents such as a Durable Powers of Attorney for Financial and Health Care matters. If a person alleged to be incapacitated has previously executed a power of attorney while mentally competent, then a guardianship may be avoided.

If you would like to discuss questions about Guardianships, please contact us at info@lynnstlouis.com or (509) 468-0551.