For incapacitated individuals. A guardian is a person who is appointed by the court as a representative to make decisions on behalf of a person who is found to be incapacitated. The guardian may also be appointed to control the finances and property of the incapacitated person. A guardian is appointed to protect the person and/or property of individuals when they are no longer able to make sound decisions in their own best interest. A formal court proceeding is necessary to prove that the individual is incapacitated and needs a guardian to act on his or her behalf. The process can be lengthy and time consuming, as courts consider information from a variety of sources which may include obtaining opinions or testimony of physicians, psychologists, adult relatives, and friends of the individual. The court may also appoint third parties to investigate and report findings to the court.

In appointing a guardian, a court may grant the guardian power to make a variety of decisions on behalf of the individual, including medical decisions, such as the ability to give informed consent for health care and medications, and decisions as to where the individual will live and who will provide support services. The guardian may also be given control over the financial assets and property of the incapacitated person. The appointment of a guardian can have a significant impact on the rights of the incapacitated person. An experienced attorney will handle these cases with diligence, care, and respect for the incapacitated person.

For minor children. The court may appoint a guardian over the person or property of a minor child. It is often necessary to appoint a guardian over the property when a minor child inherits or otherwise receives property or money. The appointment of a guardian over the person of a minor child may be necessary when a child is living with someone other than his or her parent.

Our attorneys counsel and assist clients through the process of obtaining the appointment of a guardian to protect the property and personal wellbeing of incapacitated persons and minor children. We advise clients on whether a guardianship may be appropriate under the circumstances and whether there are other means to protect the individual’s assets and money and provide for their well being. Contact Crowe & Welch today to schedule your consultation.


At Crowe & Welch, our attorneys counsel parents who are considering adopting a child, whether from the U.S. or overseas. Paperwork and filing requirements in order to proceed with the adoption are oftentimes very stringent, necessitating the involvement of qualified legal counsel. The legal procedure for adoption children from overseas is particularly burdensome, and we work closely with parents to ensure a smooth and successful adoption, whether under the Hague process, non-Hague adoptions, or immediate relative petitions. Adoption is a special time for the child and the adopting parents. It is important that the legal issues are not an unnecessary burden, so that parents can focus on the details that really matter as they welcome a new child into their home. If you are contemplating or have begun the process of adopting a child from the United States or abroad, contact Crowe & Welch and let our knowledge, skills, and experience guide you and your family.