A guardianship is a legal relationship created when an individual appointed by the court system cares for a person who can no longer care for themselves. Once appointed by the court as guardian, the individual needing the guardianship is referred to by the court as the “Ward.” 

The process of obtaining guardianship can be complicated and frustrating, especially if you are worried about a loved one’s well being. Our experienced attorneys regularly represent individuals seeking to obtain guardianship over individuals who are no longer able to manage their own affairs. We are happy to assist from the very beginning with the petition process through the guardianship hearing or any appeals. If you have already started the process, but feel overwhelmed, we can also help you from wherever you are in the process. 

Our office also represents individuals listed as interested parties who wish to participate in the guardianship proceeding. If your name is listed as an interested party and you need representation to make sure your interests are heard, we can help.

At Hopler, Wilms, and Hanna, PLLC, we handle your guardianship issue by guiding you through the process while ensuring you are zealously represented at all times.

Contest a Guardianship

• Whether the respondent needs a guardian
• Whether the person petitioning for the role is the best person for the job

If you are the respondent in a proceeding, you may retain our services to contest a guardianship proceeding filed against you. We also represent family members who wish to contest the appointment of a certain person to act as a guardian or contest the guardianship entirely.

Modify a Guardianship

There are times when you may need a change or modification of guardianship. Personal and family situations are constantly changing, and sometimes existing guardianships need change to keep the best interests of the Ward at the forefront.

Restoration of Competency

Sometimes a guardianship is temporary. Any interested person may file a motion with the Court to initiate a competency restoration proceeding with a hearing before the Clerk. The court considers medical professionals and other people (like a Guardian ad Litem) when making the ruling. If the Clerk finds the Ward is competent by a preponderance of the evidence, the ward receives a restoration of competency. Our vast experience assisting clients in competency restoration and works in your favor to achieve your desired outcome.

In the event of a guardianship contest or modification proceeding, our guardianship attorneys assist in petitioning the Court and represent you at hearings. We assist from the beginning of the process all the way through the litigation process, including appeals if necessary.

As the court-appointed guardian of your loved one, there are ongoing, annual obligations to the Court. The attorneys at Hopler, Wilms, & Hanna can help you with these ongoing requirements. Some of those obligations include:

• Maintaining Bond: Guardians who manage finances must be bonded and give sufficient surety in order to receive or handle the property of their Ward. This means that you will need to work with an insurance company in order to get the initial bond, and each year the bond must be renewed. Failure to maintain bond may result in the removal of the acting guardian. The Hopler, Wilms, & Hanna, PLLC guardianship attorneys frequently work with various insurance agencies to obtain and modify bonds for guardians.

• Filing Annual Accounts: Each year, a report called an Account must be filed with the Court detailing any and all receipts and disbursements of the guardian’s financial property during that year. This may include any property that was bought or sold, medical expenses, and other costs of living. Failure to file an Account on time will result in the guardian being held in contempt which may lead to jail time. Our attorneys can assist in ensuring the Accounts are filed correctly and in a timely manner.

• Maintaining Proper Financial Records: In order to substantiate the information listed on the Account, the guardian must maintain proper financial records. This means keeping receipts, copies of bank statements, and sometimes check images at a bare minimum. There must be sufficient proof for each receipt and disbursement made from the guardianship estate. For example, if you use the ward’s money to purchase groceries for them, you will want to keep your receipt to use for the annual account. Our attorneys can help keep accurate, organized records and ensure all activity is reported on the Account.

Representation with Hopler, Wilms, & Hanna attorneys can be as little or as much as you would like. Our office can provide representation in the form of as-needed consultations on specific issues or can take over the guardianship filings completely if you feel overwhelmed or in need of help. Contact us today and find out how we can help.