Guardianship

New Hampshire and Massachusetts Guardianship Attorneys

A guardianship is a legal relationship that allows one person to make legal, financial, and healthcare decisions for someone else. Because legal guardianship removes a person’s autonomy and gives it to someone else, it can be a sensitive issue and must be handled with care and compassion. However, guardianship can be a necessary tool to help and protect people who cannot make decisions for themselves, whether due to functional incapacity or a developmental or intellectual disability.

Lydon Law handles guardianship matters for people seeking to establish guardianship and those who wish to contest it. With offices conveniently located in Nashua and Portsmouth, we represent people in New Hampshire and Massachusetts. We approach each case with care and compassion as we seek to learn about your unique situation, understand your needs, and create an optimal solution that will allow you to move forward.

To put our experience to work for you, contact our law firm today to schedule an appointment to discuss your situation and how we can help.

What Is a Guardianship?

Guardianship allows a family member or another responsible party to step into the role of decision-maker on behalf of someone who can no longer make medical, financial, residential, and other decisions for themselves. Guardianship is a sensitive topic and an important responsibility that courts do not take lightly.

Before establishing a guardianship, the court must be satisfied that the incapacitated person, known as the ward, is legally incompetent and cannot manage their affairs on their own. In many instances, courts will look for a less restrictive option that meets the needs of everyone involved. If the court determines a guardianship is necessary, the judge will appoint a guardian. That person undertakes a fiduciary duty to the ward and has a legal obligation to manage the ward’s affairs in a manner that best serves their interests.

Types of Guardianships

Different types of guardianship may be required to meet the unique needs and circumstances of each individual. Guardianship requires a court process, and once the guardianship is established, the guardian must report to the court regularly to ensure the ward’s needs are being met.

Guardianship of an Incapacitated Adult

Guardianship of an incapacitated adult may be appropriate for adults who are unable to communicate or who cannot make decisions for themselves due to physical or mental conditions such as illness, disability, or cognitive decline. The guardianship may be over the incapacitated person, their estate, or both. Guardianship of an incapacitated adult can be temporary or permanent.

Guardianship of a Minor

Guardianship of a minor may be necessary for a person who is under age 18 whose parents are unwilling or unable to care for them. Guardianship of a minor can be temporary or long-term, and the guardian oversees the child’s physical, healthcare, and educational needs.

Other Types of Guardianships

Guardianship of an Incapacitated Adult and Guardianship of a Minor are the most common forms of guardianship, but other types of guardianship may be appropriate depending on a person’s situation. The guardianship attorneys at Lydon Law can analyze your situation, assist you in determining whether guardianship is appropriate, and help you navigate the guardianship process.

Alternatives to Guardianship

You may be able to use less restrictive estate planning tools that avoid the need for guardianship in the event you become incapacitated. For example, you may consider establishing a trust and appointing a trustee to handle your finances and manage your estate. You could also use a power of attorney and healthcare power of attorney to designate someone to make legal, financial, and healthcare decisions for you if you can no longer make them yourself.

How a Guardianship Attorney Can Help

At Lydon Law, we understand the sensitive nature of guardianship proceedings and the complex interpersonal issues that can arise. We are caring, compassionate advocates who are committed to helping you achieve optimal results in your legal matter. We provide straightforward guidance and legal advice to help you navigate complex emotional and legal issues presented in guardianship proceedings.