Adult Guardianship
Protect the Ones You Love
Who We Are
We understand that probate, estate planning, and adult guardianship are challenging and emotional processes to undergo. At Unruh & Co., we are dedicated to making a difficult process simpler with clear communication and continued education.
Guardianship is an important process in protecting you and your loved one. As your guardianship attorney, we are your partner in navigating this uncertain time.
What is adult guardianship?
When an adult in your life becomes unable to make important decisions due to illness, disability, or cognitive impairment, a legal guardian may be appointed to protect their well-being. Guardianship ensures that a trusted individual can manage essential matters such as healthcare, finances, and daily needs while respecting the rights and dignity of the person under care (the “Ward” or “Subject”).
Navigating the guardianship process can be complex, but it’s designed to provide security and peace of mind for families facing difficult transitions. If you’re concerned about a loved one’s ability to make sound decisions, we can help you explore legal options to ensure their safety and future stability.
Power of Attorney vs. Guardianship
Although closely related, power of attorney and guardianship are two very different processes with a common goal of protecting a loved one. Without a valid power of attorney, court involvement through a guardianship proceeding may be necessary.
Power of Attorney (POA)
A power of attorney is a legal document through which an individual (the “Principal”) nominates another (the “Attorney-in-Fact”) to make important financial and healthcare decisions for the Principal. This document is not valid unless it is executed while the Principal is of sound mind. A power of attorney may give the attorney-in-fact very broad authority or may be limited to certain types of decisions.
Adult Guardianship
In the absence of a valid power of attorney, guardianship proceedings in district court may be initiated. This involves filing a petition with the court, notifying the prospective ward and other family members, and attending a hearing on the appointment of the guardian. Once appointed, the guardian has ongoing responsibilities as ordered by the court.
Our Process
Complete Our Intake Form
Our intake forms allows us to get to know you and your unique situation so that we can best serve you as your guardianship attorney.
Get to Work
We’ll work together on gathering information, and we’ll educate you on the steps toward adult guardianship.
Gain Peace of Mind
Once the court has put a guardian in place, you can rest easy knowing your loved one is in safe hands.
What to Expect at Your First Meeting
In our first meeting, we will likely…
- Educate you on what to expect from this process.
- Gather missing information to create a foundation.
- Provide clarity around any questions you may have.
- Identify other interested parties who must be notified.
- Create a plan for steps going forward.
What You Need to Know
A guardian is determined by a number of factors! It is most often a family member. For young adult children, a guardian is likely a parent. In some cases, a guardian can also be a spouse, adult child, or other family member. Guardianship is determined on a case by case basis.
Guardianship is a court proceeding, unlike power of attorney. A guardianship attorney will help you navigate the process. Ideally, a family member will seek guardianship, but immediate family members and occasionally other parties must be notified to ensure the best appointment. Your attorney will help with this process. NOTE: Other interested parties can object to any particular guardian. Each situation is unique. The court will ultimately decide who is best fit for the role.
Adult guardians are often a family member close to the prospective ward. This person must be of sound mind, be committed to acting in the best interests of the ward, and have a clean OSBI background check, including no bankruptcies or major financial issues. The final decision is made in court.
If they are unable to make important decisions on their own, or have been diagnosed with an incapacitating illness, they likely need a guardianship in place. Before you work with us, we’ll ask you to provide us with the facts, circumstances and any diagnoses that lead you to contact us.
If someone becomes unexpectedly incapacitated or is in immediate danger, an emergency guardianship may be put in place. This is a temporary position that is established for 30 days preceding the hearing on the appointment of a general guardian.
No! Adult guardianship cases are private.
Adult guardianship cases can vary greatly, so the service is charged at an hourly rate.
Let’s Talk
As your guardianship lawyer, we are dedicated to creating a smooth transition for you and your family. Start the conversation with us to see if we’re a good fit.
