Legal Advocacy For Incompetency And Guardianship Proceedings

Our attorneys represent individuals in incompetency and guardianship hearings. We may also advocate for alternatives to guardianship, if appropriate. We will ensure that the individual’s needs and requests are considered during the proceedings.

There are several instances where incompetency and guardianship proceedings may become necessary.  For example, if an individual lacks the capacity to manage their finances, property, and personal affairs due to mental illness, intellectual or developmental disabilities, epilepsy, cerebral palsy, autism, dementia, Alzheimer’s, or various other conditions that individual is not able to legally execute a power of attorney. In this situation incompetency and guardianship may be necessary so that a guardian can be appointed to make decisions and act on behalf of the individual who does not have the capacity to manage their personal affairs.  Our attorneys can assist you in initiating the necessary proceedings to ensure that the individual’s wellbeing and rights are protected.

Incompetency

In most cases, a doctor or healthcare professional will assess an individual’s mental and physical capacity and provide a written evaluation or opinion regarding their competency. The attorney will initiate legal proceedings and submit this evaluation as evidence. Based upon the medical evaluation and other evidence and testimony presented by the attorney, the court may declare the person incompetent and appoint a guardian to make a decision on their behalf.

Guardian of the Estate and Guardian of the Person

You may have someone appointed guardian of the estate or guardian of the person. A guardian of the estate is responsible for managing the financial affairs and assets of the incapacitated person. The guardian of the estate is also responsible for making decisions regarding the property, finances, and investments of the incapacitated person. On the other hand, a guardian of the person is responsible for making decisions regarding the individual’s healthcare, living arrangements, personal needs, and overall well-being. There are situations when one person is appointed as the guardian of the estate and the guardian of the person and other times when there are separate individuals appointed for each role.

To schedule an appointment with us, please contact us online or Call Today. We are located in Jacksonville and serve clients in Onslow County and many of our surrounding counties.