Adult Guardianship & Trusteeship

What is Adult Guardianship & Trusteeship?

Adult Guardianship & Trusteeship involves adults who need help in making their own day-to-day health or financial decisions. Adults can become incapacitated through accidents, illness or old age. Adult Guardianship and Trusteeship orders can also be applied for adults with developmental disabilities from birth. In either case, Adult Guardianship & Trusteeship involves an adult who needs to have someone legally assigned to make decisions on their behalf.

Guardianship

A Guardian is empowered to make certain decisions on behalf of a represented adult. Depending on the situation, these decisions might include decisions about the adult’s participation in certain activities, consent regarding health care and decisions as to where the represented adult will live.

Trusteeship

A Trusteeship order concerns the financial issues of an adult who is incapacitated. If an adult becomes incapable of responsibly making their own financial decisions, someone must act as their Trustee. The roles of a Trustee can involve the signing of contracts, managing apartment and nursing home leases, keeping track of all income and expenses and preparing appropriate tax returns.

Guardianship and Trusteeship Disputes

All of a dependent adult’s immediate family members must be notified of an application for Guardianship or Trusteeship. At times, this can cause arguments over who is the best family member to act as the Guardian or Trustee for the adult. It is very helpful to begin these proceedings with frank discussions about who is interested or who has the time and resources to act as the adult’s Guardian or Trustee. Preemptive family discussions can help reduce the risk of disputes during the legal process and avoid costly court applications.

Our lawyers have years of experience assisting clients in navigating the complex requirements of Adult Guardianship and Trusteeship matters. Whether it be a routine application, a complicated trusteeship accounting matter, or an urgent court application, our lawyers are ready to help you.