Guardianship

When your loved one needs someone to steer the ship, we can help you through the court process of becoming Guardian of that person.

To find out if we can take your Guardianship case…

Email us at info@jduplechainlaw.com and we’ll set up an appointment to speak with you.

 
Happy Family
 
 

When your child turns 18, he becomes a legal adult, and you no longer have the right to make medical or financial decisions for him. When you have a special needs child , however, you may still need to be able to make these decisions if he relies on you due to his mental disability or incapacity.

We help families with special needs children who are turning 18 obtain legal guardianship over their adult children. This allows the parents to continue to care for their children and have the legal authority to access medical records, make medical decisions, and manage any funds received by their child.

Types of Guardianship & Alternatives to Guardianship

Guardianship of The Person

When is this applicable?

  • There is a need to have legal authority

  • The application to probate is being offered within 4 years of the date of death.

  • The Will provides for an independent administration with a named Executor who is willing, able, and qualified to serve.

  • There is a necessity for administration such as the payment of debts.

A Will that does not contain a “self-proving” affidavit will require either the subscribing witnesses to the Will (or two disinterested witnesses who knew the Will-maker) to appear in court to attempt to prove the validity of the will. Working with witnesses requires additional documentation, scheduling, and filing, and will result in a higher fee.

A Will that does contain a self-proving affidavit does not require the appearance of witnesses and the resulting probate procedure is usually much simpler.

Guardianship of The Estate

When is this applicable?

  • There is a valid Will.

  • The application to probate is being offered within 4 years of the date of death. (However, the court may accept a Will beyond the 4 year period if the applicant is not in default, meaning he has a valid reason for not applying within the correct timeframe.)

  • The estate owes no debts (mortgage on home is not considered debt.)

  • The Decedent received no Medicaid benefits during life.

  • The only probate asset in the estate is real property (Decedent’s home).