When a loved one is unable to make decisions about their health, personal care, or finances — and has no valid Power of Attorney in place — applying for guardianship may be necessary.
At Fletcher Barrow, we help families navigate the guardianship process with sensitivity, clarity, and efficiency.
A Guardianship Application is a legal process where an individual seeks court authorization to manage the personal care or property (or both) of someone who is mentally incapable of doing so themselves.
You can apply for one type or both, depending on the needs of the individual.
Guardianship is typically required when:
A formal medical or psychological assessment confirms that the individual is incapable of making certain decisions.
You must file an application with the appropriate court, supported by evidence and affidavits.
The person affected (and certain relatives) must be properly notified.
In some cases, a court hearing is required to review the evidence and appoint a suitable guardian.
If approved, the court will issue an order officially appointing the guardian and specifying the powers granted.
When deciding whether to appoint a guardian, the court considers:
The court’s primary goal is to protect the dignity, safety, and well-being of the incapable person.
Yes. Multiple guardians can be appointed to act jointly or separately, depending on the court’s order.
Yes. A guardian, the incapable person, or an interested party can apply to modify or terminate the guardianship if circumstances change.
Not necessarily. Guardianship can be reviewed or ended if the person regains capacity or if it’s determined that the guardianship is no longer needed.
Timelines vary, but straightforward applications may take a few months. Disputed applications can take longer and require court hearings.
Guardians must act in the best interests of the individual, keep accurate records, and make reasonable decisions about the person’s health, finances, and general welfare.
At Fletcher Barrow, we understand that seeking guardianship can be emotionally challenging. We’re here to guide you with compassion, professionalism, and a focus on protecting your loved one's dignity and well-being.