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guardianship administration
Guardianship Administration is a specialized practice area which is necessary when a person is unable or incapable of managing their own affairs. A Guardian is appointed by the Court to make personal and financial decisions for a person with mental or physical impairments. Guardianship Administration is the process of handling the incapacitated person’s financial affairs and often involves complex legal and financial considerations that are not apparent to a person unaccustomed to this process. In situations in which a loved one is vulnerable, the Court will appoint a Guardian who is charged with the responsibility to ensure that the incapacitated person receives the personal care he or she requires, as well as protect their assets.
Our professionals handle all aspects of the Guardianship Administration, including petitioning the court for the appointment of a guardian or emergency temporary guardian, attending the incapacity hearing, designating a restricted depository, preparing an inventory, managing the Ward's assets, preparing the initial and annual accountings, filing tax returns, establishing a monthly budget, choosing a residential setting best suited for the Ward's needs, making medical, social and recreational decisions, and ensuring that the Guardian carries out his or her duties and responsibilities so that the interests and welfare of the incapacitated person are properly overseen.
We have acquired the resources to assist you in making decisions to care for your loved ones. Over the years, we have assembled a team of professionals who are capable of caring for your family members, even if you live at a distance or are unable to devote the time necessary to manage their care. We understand that oftentimes the situation arises when the incapacitated person does not want to relocate and we can assist you by locating caregivers and care managers to provide the services for their treatment, even when a guardianship is not necessary.
A guardianship may be needed for a child under eighteen (18) years of age. Minors do not have the legal right to manage property. If a minor child receives an inheritance, proceeds from a lawsuit, or insurance policy benefits in excess of $15,000.00, a Guardian, usually a parent, is appointed to manage the funds until the child reaches the age of eighteen (18). The Guardian is responsible for overseeing the investment of the assets and accounting to the court each year about those investments.
We advise the Guardian so that he or she understands the legal and practical significance of any decisions or actions taken on behalf of the Ward. The Guardian needs the service of competent attorneys and other professionals to ensure that the guardianship is administered properly and that costly mistakes are avoided.
Christopher Q. Wintter
Nina Zuckerman Chepp
