Overview:
There are many circumstances in which an individual may be unable to manage their own affairs. The person may be disabled, ill, or a minor. In such situations, it is often necessary for the courts to appoint a conservator or guardian to act in the interests of the individual. This process is known as protective proceedings.
Protective proceedings aim to safeguard the affairs of the incapacitated party. A legally appointed guardian or conservator should always represent the best interests of the person they are responsible for. Unfortunately, this is not always the case. People may have ill motives for assuming responsibility for an incapable individual. The courts make the best decision possible with the information they are given, however, the scope of their understanding is inherently limited. It is possible for a legally appointed guardian or conservator to exploit the very vulnerability that the incapacitated individual or minor needs protection from. Thus, if you seek guardianship of a susceptible person, skilled legal representation is a necessity. This is especially true when the incapacitated person or minor is not a direct relative, as courts prefer to appoint a guardian with familial ties to the individual. While you may understand the nuances of a person’s situation, it is imperative to employ representation from an experienced attorney capable of proving your case in a court of law.
For representation in protective proceedings, contact the Law Office of Joseph M. Kar, PC.