Guardianship
Court authority for personal decisions.
Overview
Guardianship gives a person, often an adult child, legal authority to make personal decisions for someone who cannot make them safely: where to live, what medical care to accept, daily needs.
It is a serious step that takes rights away, so courts look at less restrictive options first. We help you decide whether it is needed and, if so, handle the petition and the hearing.
Is this for you?
Families usually call us about guardianship when:
- Dementia or a stroke has made it unsafe for a parent to decide, and there is no power of attorney
- A hospital or care home needs someone with legal authority to sign
- Family members disagree about care, and someone needs clear authority
- A relative with a disability is losing the parent who cared for them
What we help with
- Checking less restrictive options first
- Preparing the petition
- Working with the guardian ad litem
- The hearing
- Yearly reports after appointment
How it works
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Step 1: Look at other options
If your parent can still sign a power of attorney, that may be enough. Courts expect families to consider simpler options first.
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Step 2: File the petition
We prepare the petition and gather the medical evaluation the court needs.
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Step 3: The guardian ad litem
The court appoints a lawyer to meet your parent, explain their rights and report to the judge. We help you prepare for that visit.
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Step 4: The hearing and after
If the judge appoints you, we explain your duties and help with the first yearly report.
What it costs
Example flat fees and ranges for this sample firm. Your fee is written down before any work starts.
| Service and example fee | Example fee |
|---|---|
| Uncontested guardianship petition Plus court costs and the guardian ad litem fee, which the court sets $3,500 to $5,500 | $3,500 to $5,500 |
| Guardianship and conservatorship together $4,500 to $6,500 | $4,500 to $6,500 |
| Emergency or faster petition Quoted after a phone call | Quoted after a phone call |
| Contested case Hourly, with a written estimate | Hourly, with a written estimate |
What we cannot promise
We cannot promise what a judge will decide, who the court will appoint, or how long it will take. If family members disagree, a case can take longer and cost more. We tell you that up front.
Questions families ask
What is the difference between a guardian and a conservator?
A guardian makes personal decisions, like health care and where someone lives. A conservator manages money and property. Some families need both, and often one person serves in both roles.
Can my parent object?
Yes. Your parent has the right to object, to have a lawyer, and to be heard. We treat your parent with respect throughout, even when the case is hard.
Is a power of attorney enough instead?
If your parent can still understand and sign one, often yes. That is usually faster, costs less, and keeps your parent in charge. We check this first.
Who you will work with
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Daniel Okafor
Attorney
Related practice areas
Wondering if guardianship is really needed?
Book a consultation online in about three minutes, or call and a real person will answer. We return every call within one business day.