When there is a family member who is incapacitated or incompetent, it is sometimes necessary to establish a guardianship that authorizes the guardian to make necessary decisions about the disabled individual’s healthcare and finances. This is commonly seen with aging relatives who have not executed the proper power of attorney or health care power of attorney, or with minors in circumstances where the minor has inherited property or become entitled to receive monies through a personal injury settlement. Brinkley Walser believes that proper planning and guidance is also necessary even when the planning options are limited to seeking a court ordered guardianship for an individual who may still have options relative to eligibility for public benefits and the preservation of those benefits to enhance their quality of life.
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