Darius Law Group LLC – Compassionate Guardianship Attorneys in Manchester, CT

Guardianship

Guardianship Attorney Manchester CT

Establishing guardianship for a minor or an incapacitated adult is a serious decision that requires careful consideration. At Darius Law Group LLC, we assist families in Connecticut with the legal process of appointing a guardian, ensuring that the individual’s best interests are protected. Attorney Joey-Lynn Darius has the experience and compassion to guide you through this sensitive process.

guardianship

What Is Guardianship?

Guardianship is a legal arrangement in which a court assigns an individual (“guardian”) to make decisions for someone who is unable to do so themselves (“ward”). In Connecticut, guardianships are handled by the Probate Court and are only granted when other options, such as powers of attorney or assisted decision-making, are insufficient.

A guardianship can cover personal decisions, such as medical care, housing, and daily needs, as well as financial matters. The court will tailor the extent of authority based on the specific limitations and needs of the person being cared for.

  • One of the best attorneys I have ever worked with. The first communication we had sold me on her. My situation was tricky and Joey managed to not only get me what we wanted but make sure my children were kept safe in the meantime. Our case has been drawn out for 10 months due to the other party. She wasn’t afraid to tell me the possible outcomes even when she knew I didn’t want to hear it. She was honest, caring, communicative and passionate. She gave her all 100% of the time and answered my calls day and night. She checked in on our family and made us feel like we had someone on our side. I have sent many people her way and they have all come back and thanked me because she is absolutely amazing. She isn’t in it for the money like most attorneys she truly cares. I can not think of a single downfall to having her represent you. If I ever have another issue I will absolutely hire her again.
    Holly

What Are a Guardian’s Responsibilities in Connecticut?

Types of Guardianship

Connecticut recognizes several types of guardianships, depending on the age and capacity of the person being cared for:

  • Guardianship of a minor: This is appointed when a child’s parents are deceased, incapacitated, incarcerated, or unable to care for the child. It may be temporary or permanent and can include both personal and financial decisions.
  • Guardianship for Adults with Disabilities: This is established when an adult (age 18 and older) is unable to make safe or responsible decisions because of mental illness, intellectual disability, dementia, or other conditions.
  • Plenary Guardianship: This grants the guardian full authority over all aspects of the ward’s life, including personal and financial decisions.
  • Limited Guardianship: In this case, the guardian has authority over only specific areas, such as medical decisions, while preserving the ward’s autonomy in other areas.

The trend in Connecticut and nationally is toward limited guardianship, which respects the dignity of the person being cared for and maximizes their independence.

When Is Guardianship Necessary?

Guardianship may be needed in situations such as:

  • When a minor child’s parents pass away without naming a guardian in their will.
  • When an elderly parent develops Alzheimer’s disease and is no longer able to manage finances or medication.
  • When a young adult with developmental disabilities reaches the age of 18 and requires ongoing support.
  • After suffering a traumatic brain injury, an individual may lack the ability to make decisions and need assistance.

Before pursuing guardianship, Connecticut law requires consideration of less restrictive options, such as:

  • Durable power of attorney
  • Advance healthcare directives
  • Representative payee arrangements (for Social Security benefits)
  • Supported decision-making agreements

Our attorneys help families determine whether guardianship is necessary and, if so, which type of guardianship would best serve the individual’s interests.

The Guardianship Legal Process

All guardianship proceedings in Connecticut are handled in the local probate court. The process generally involves:

  • Filing a petition: The prospective guardian (often a relative) files a petition explaining why guardianship is needed, along with medical and educational evaluations.
  • Notice to interested parties: The ward (the person being guarded), their relatives, and others involved are notified and have the opportunity to provide input.
  • Appointment of counsel: The court assigns an attorney to represent the ward – even if they are a minor – to ensure their opinion is heard.
  • Hearing: The probate court holds a hearing to examine evidence, assess the ward’s capacity, and decide if guardianship is warranted.
  • Court order: If approved, the court issues Letters of Guardianship authorizing the guardian to act legally.

The entire process can take several weeks or months, depending on the complexity of the case and whether anyone challenges the petition.

Rights and Responsibilities of a Guardian

Once appointed, a guardian has significant legal duties, including:

  • Acting in the best interests of the ward at all times
  • Encouraging the ward’s independence and participation in decisions
  • Making decisions about healthcare, residence, education, and personal care
  • Managing the ward’s finances (if granted conservatorship powers)
  • Filing annual reports with the Probate Court detailing the ward’s status and financial activity

Guardians are fiduciaries, which means they must avoid conflicts of interest and never use a ward’s assets for their own personal benefit. If they fail to do so, they may face removal or legal penalties.

Rights of the Ward and Family Members

Even under guardianship, a ward retains certain fundamental rights. These include:

  • The right to be treated with dignity and respect.
  • The right for their preferences to be considered in decisions.
  • The ability to petition the court to modify or end the guardianship.
  • Access to legal representation.

Family members also have rights. They may object to a proposed guardian, request updates, or seek court review if they believe the guardian is not acting in their best interests. At Darius Law Group LLC, we can help families understand and exercise these rights if necessary.

Modifying or Terminating a Guardianship

Guardianships are not always permanent. In Connecticut, the law allows for changes or termination when circumstances change, such as:

  • When a minor turns 18 and becomes legally responsible for themselves
  • When an adult’s health improves and they are no longer in need of a guardian
  • If the guardian is no longer able or willing to continue serving
  • If a less restrictive alternative is available

To modify or terminate a guardianship, a petition should be filed with the Probate Court, along with updated evaluations or other relevant evidence. Our lawyers can assist with this process to ensure that the ward’s changing needs are taken into account.

Common Guardianship Mistakes and Challenges

Families often face challenges during the guardianship process, such as:

  • Assuming automatic authority: Even though you are a parent or spouse, you still need court approval to legally become a guardian of your adult child or spouse.
  • Overlooking alternative options: Courts may reject a petition if other, less restrictive options were not considered.
  • Failing to file necessary reports: Annual reports are mandatory, and failure to submit them can lead to legal consequences.
  • Not planning ahead: Waiting until there is a crisis can delay the care process and increase legal expenses.
  • Family disputes: Disagreements over who should be the guardian can prolong the proceedings and harm the person being cared for.
  • I LOVEEEEEEE JOEY! Would definitely recommend her to anyone dealing with family cases. She is the best this is my second case unfortunately but because I had Joey as an attorney I was able to get the results I wanted and what was best for my family and children. Her communication is great she’s always available even after hours. She doesn’t harass about payments her main priority are resolving whatever issues you may have first ! Very professional, upfront, respectful, relatable and shows concern and empathy. Keep up the great work within our minority communities. Thanks for all you do
    Moya

Our Guardianship Services include:

  • Legal Guidance: Providing clear and comprehensive advice on the responsibilities and duties of a guardian.
  • Court Representation: Representing clients in guardianship proceedings to ensure that the court appoints the right guardian.
  • Guardianship Modifications: Assisting with changes to guardianship arrangements as circumstances evolve.

Informational Guides for Estate Planning and Divorce

Why Choose Us?

  • Compassionate Approach: We understand the emotional weight of guardianship decisions and offer supportive, empathetic guidance.
  • Experienced Representation: Our firm has successfully handled numerous guardianship cases, always with the individual’s best interests in mind.
  • Dedicated Advocacy: We advocate vigorously to ensure that the guardianship arrangement serves the best interests of the ward.

Ensure your loved one is protected. Contact Darius Law Group LLC to discuss your guardianship needs.

Common Guardianship FAQs

What is the difference between a guardian of the person and a guardian of the estate (conservator)?

A guardian of the person is appointed by the court to make personal and healthcare decisions for the ward, such as medical treatment, residence, and education. A guardian of the estate (often called a conservator in Connecticut) is appointed to manage the ward’s financial affairs, including paying bills, managing assets, and investing funds. The same person can serve in both roles, or different individuals can be appointed. The court will specify the scope of authority in the letters of appointment.

Who can be appointed as a guardian?

Typically, the court prefers to appoint a qualified family member, such as an adult child, spouse, sibling, or other relative who knows the ward well and has their best interests at heart. If no suitable family member is available or willing, the court may appoint a professional guardian, a close friend, or, in some cases, a public agency. The court’s primary consideration is the proposed guardian’s ability to serve responsibly and the ward’s wishes, if they can be ascertained.

Are there alternatives to guardianship that I should consider first?

Yes. Connecticut law requires that less restrictive alternatives be explored before pursuing a full guardianship, as it removes significant rights from the individual. Key alternatives include a Durable Power of Attorney for finances, an Advance Healthcare Directive/Living Will, a Representative Payee for government benefits, or a Supported Decision-Making Agreement. These options allow the person to retain more autonomy. An attorney can help you determine if these tools are sufficient for your situation.

What is a “limited guardianship” and how is it different?

A limited guardianship grants the guardian authority only over specific, defined areas where the ward has been proven incapacitated, leaving the ward in control of all other decisions. This is in contrast to a plenary (full) guardianship. For example, a limited guardian may be authorized to make medical decisions but not control finances. Courts favor limited guardianships as they better preserve the individual’s dignity and rights.

What are the ongoing responsibilities of a guardian after appointment?

A guardian has serious, ongoing fiduciary duties. These include acting in the ward’s best interest, keeping detailed records, and filing annual reports with the Probate Court. These reports detail the ward’s personal status (health, residence) and, if applicable, a full accounting of all financial transactions. Failure to file these reports can result in the guardian’s removal and potential legal liability.

Can a guardianship be contested or ended?

Yes. Interested parties, including the ward, can petition the court to modify or terminate the guardianship if circumstances change. For example, if an adult ward’s health improves or a less restrictive alternative becomes viable, the guardianship can be ended. Similarly, if someone believes the guardian is not acting properly, they can file a complaint with the court, which may lead to a hearing and the guardian’s removal.

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