Why Do You Need An Attorney For Guardianships?
It may be necessary to have an adult guardian appointed by the court when adult family members become unable to care for themselves. The Law Office of Adam S. Bernick in Philadelphia assists families with obtaining permission from the court to serve as guardians. Pennsylvania’s guardianship laws have become more protective of individuals’ rights, and recent changes now mandate that everyone involved in a guardianship case is entitled to a court-appointed attorney. These new laws have made guardianship proceedings more litigious than in the past, with increased opportunities to object to proposed guardians.
In Pennsylvania, whether or not the family member is in a nursing home or other assisted living care facility, a guardian can be appointed to care for the person, the person’s property or both.
In cases when all parties agree, naming a legal guardian can be relatively straightforward. However, you may need a guardianship attorney if there is disagreement about who should serve as the guardian, whether there is a need for a guardianship, or if there is a dispute over the named guardian’s actions or inactions. Also, if you are dealing with a matter of Medicaid estate recovery, we can help you understand your legal options.
Common Guardianship Issues We Tackle
Our firm is no stranger to guardianship problems that families face. Our guardianship attorney has resolved the following:
- Family members challenging the person appointed to be the guardian
- Family members refusing to be named a guardian
- The person declining to consent to a guardianship
- Objections to proposed guardians under the new guardianship laws
Our firm has the experience to guide you through these complex disputes and protect your family’s interests throughout the guardianship process.
What Is A State-Appointed Guardian?
When there are guardianship disputes that cannot be resolved, the court will appoint an attorney or other individual to act as guardian. On occasions, the court will grant petitions from unrelated individuals, such as caretakers, who wish to be guardians of another person. In such circumstances, an adult guardianship lawyer can help draft the petition.
When a minor is due to inherit and there is no trust, a court-appointed guardian is required. In these circumstances, our firm can help establish guardianship of a minor’s estate.
Contact The Law Office of Adam S. Bernick For Answers
To speak with our attorney about guardianships or any elder care law matter, call 215-645-7866 or send an email for a free consultation or to make an appointment.