Areas pf Expertise

Guardianship

Are you worried about a loved one's ability to care for himself or herself? Do you have concerns about whether your grandchildren are receiving the care and attention they deserve and whether their basic physical and emotional needs are being met? Or has someone asked the court to allow them to make decisions for you?

All of these scenarios have a common thread, in that they are typically the subject of Guardianship proceedings in the Probate Court or the Family Court. At Howard & McBeath, we've represented clients in all of these situations, and we can share our knowledge with you about how the process works.

Any type of guardianship begins with the "proposed guardian" filing a petition in court and naming the "proposed ward." In the case of a guardianship over an incapacitated adult, the proposed guardian must show, beyond a reasonable doubt, that the proposed ward is unable to provide for his or her basic needs, or that he or she is unable to manage financial affairs. The proposed guardian must also show that there is no solution that would be less restrictive to the proposed ward. In the case of a guardianship over a minor, the proposed guardian must show, by clear and convincing evidence, that the best interests of the minor require the substitution or supplementation of parental care to provide for the minor's basic needs. Quite often, grandparents are the ones who seek a guardianship over their grandchildren, and sometimes refer to the process as "Grandparent's Rights."

Our attorneys have broad experience in guardianship proceedings, and have successfully handled all of these situations. We understand the dynamics involved, whether you're the proposed guardian or the proposed ward.

Give us a call to discuss your case.