Guardianship Petitions

Guardianship Challenges

Guardianships are most suitable for people who are unable to handle their financial and business affairs or care for themselves. Our attorneys at Taylor, Ganson & Perrin, LLP, help concerned family members petition the court to have a legal guardian appointed for a, terminally ill, mentally frail or vulnerable adult. If the petition is approved by the court, the guardian, often a relative, becomes legally responsible for handling the personal care and financial affairs of the ward, or the person under guardianship. If the petition is not approved, or other matters arise, litigation may be required.

Representing concerned family members and proposed wards in guardianship matters.

In addition to representing family members who are moving for legal guardianship, we also represent potential wards who are opposing the appointment of a guardian. In some instances, the mental and physical capacity of the individual has improved to the point where guardianship is no longer necessary. In other cases, the guardianship petition is intended to control the family member's assets. We have undertaken litigation to oppose the guardianship petition. We have also handled cases in which the ward protested the appointment of a successor guardian. To speak with an experienced lawyer about all aspects of legal guardianship, contact our Boston law firm.

Because of the disruptive effect of guardianship litigation, Massachusetts courts have become increasingly open to limited guardianships. Such arrangements are tailored specifically to the capacity of the ward, and allow the individual to retain some rights and responsibilities. For example, someone who is mentally ill may be unable to make decisions about his or her medical care but be perfectly capable of handling financial issues and all other aspects of daily living. The court can also appoint a temporary guardian.

Guardians become necessary when the individual, or proposed ward, has not done the needed planning to give another person a durable power of attorney. At Taylor, Ganson & Perrin, LLP, we help families and individuals deal with the difficult issues that arise in the process of petitioning for a legal guardian. Contact an attorney at our Boston law firm to learn how we can help in such matters.