Our office handles guardianships of minors and incapacitated persons.
GUARDIANSHIP is a legal proceeding in which a guardian is appointed to exercise the legal rights of an incapacitated person or a minor. While a child's parents are the child's natural guardians and in general may act for the child, in circumstances where the parents die or become incapacitated or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding $15,000, the court must appoint a guardian. Both parents or a surviving parent may make and file with the clerk of the court a written declaration naming a guardian of the child's person or property to serve if both parents die or become incapacitated. A guardian may also be designated in a will.
DETERMINATION OF INCAPACITY-In a guardianship of an incapacitated person the alleged incapacitated person must be determined by the Court to be incapacitated before establishing a guardianship for that person.