If a power of attorney or health care proxy have not been implemented before incapacity, it may be necessary to obtain a court-appointed guardian for the person. The creation of a guardianship empowers a guardian to make decisions regarding everyday living arrangements, health care and legal matters on behalf of another person.
In cases where an individual without a properly prepared estate plan becomes incapacitated, Kahn, Dees, Donovan & Kahn attorneys provide support for the family and provide counsel as they work through the process of appointing a guardian and administering and reporting of the guardian’s affairs to the court. We utilize both temporary and emergency guardianships and supportive decision-making agreements in addition to permanent guardianships to ensure the least restrictive alternatives are implemented for the care and protection of the person needing support.