The Law

A review of state statutory authority for the creation of guardianships, the attorney certification requirement, relevant caselaw and federal law under the Americans with Disabilities Act as it relates to guardianship.

Assessing Need for Guardianship

Discussion of legal incapacity in relation to aging and disability, with particular focus on implicit bias that may be held by family, attorneys, and judicial system.  Legal and practical options for alternatives to guardianship are reviewed.  The role of community and other support services is also discussed.

Crafting an Appropriate Guardianship

Discussion of total versus partial guardianship, consideration of specific decision making powers, and any limitations on a guardians authority.  A review of persons who can act as guardian and how to choose the right person.  A review of the attorneys’ ethical responsibilities to client, wards, and the legally imposed duties on an attorney ad litem or attorney for a guardianship.