When a person lacks or loses their ability to make personal decisions concerning their assets, finances or physical health, a family member or other interested person can petition the Probate Court to appoint them as a guardian. A Guardian is a court appointed fiduciary obligated to make decisions to serve the best interest of the disabled person. The Guardian will act for the disabled person in regard to personal and financial decisions, under the supervision of the Probate Court. With proper planning you can avoid the need for appointment of a guardian, if you should become incapacitated.
Additionally, when a child under the age of 18, receives money through an inheritance, or as a result of a recovery from a law suit, a responsible adult, usually the parents, or in cases where there are substantial assets, a bank or trust company, must be appointed guardian of the minor's estate and will be required to place the minor's assets in a "restricted" bank account, where it will remain until further order of Court or when the child reaches the age of 18. We can help you through this process by filing the petition and directing you through the required steps to establish guardianship.