Guardianship is a legal relationship between a competent adult or legal entity and a person 18 years old or older, who has a disability that leaves the person without the capacity necessary to act in his or her own best interest.
Generally, there are two types of guardianships: guardianship of the person and guardianship of the estate. Most often a guardian is appointed to be a guardian of both the person and estate of a person with diminished capacity. The probate court grants guardianship of the person when the person cannot make the decisions about his or her own care - making medial decisions, making placement decisions, taking medicine, and protecting the person's interests against the actions of others. A guardianship of the estate may be granted when the person is substantially unable to manage the person's fiancial affairs and estate.
A guardianship may be only granted when it is in the best interest of a person. Courts will grant guardianship only when proper medical evidence is presented, and the court finds that no other assistance will do, except guardianship.
Family members and other concerned persons often do not know where to turn when attempting to protect the interests of an adult or child with diminished capacity. It is not unusual for a person confronted with a guardianship issue to have never hired an attorney or to have been in court before. Additionally, there are times when the person who the family or concerned person is attempting to assist resists efforts to help, thereby exacerbating a difficult situation.
Mr. Hammond has been involved in more than 2,000 guardianship cases and protective proceedings, either as attorney, attorney ad litem, guardian ad litem, expert witness or as guardian. Families and professionals can consult with confidence with Mr. Hammond on guardianship issues.