Although there is no legal requirement that one be represented by legal counsel, it is prudent to do so. The process can be involved for someone who does not deal with these matters on a regular basis. Moreover, there often are important legal and strategic planning considerations that ought to be considered before one proceeds with a guardianship. If nothing else, investing in a comprehensive consultation with an experienced guardianship lawyer can help save you considerable time, stress and avoid costly mistakes. Bear in mind that you are usually dealing with the intimate subject of taking over control and responsibility for another human being who, even if suffering from moderate to advanced mental incapacity, still has feelings and fluctuating moments of understanding. Moreover, there are other areas of law that often have to be dealt with, such as estate planning, tax planning, marital property rights, and very importantly, Medicaid law. Mismanagement of the disable person’s planning for disability, in particular with regard to eligibility for public benefits, can very serious and possibly subject the guardian to personal legal liability and could even result in criminal prosecution. Long story short, don’t short-change yourself or the disabled person by cutting corners. You need to find out what you need to know and do things right!

Contact us now to inquire about setting up guardianship.