What is Guardianship?

Guardianship results from a court determination that someone is no longer able to handle his or her personal care or financial decisions (or both). A guardian is appointed by the court to make personal care or financial decisions for this “legally incapacitated” person.

What decisions does a guardian make?

A guardian can be appointed to make all of the life decisions for an incapacitated person (full guardianship), or specific decisions that the court determines (limited guardianship).

Can my aging parent or other disabled adult make some decisions, but not others?

This depends on the mental or physical capacity of the person who needs care. A court decision might result in full guardianship when only limited guardianship (or no guardianship) is necessary.

Is the disabled or older person involved in the mediation?

Depending on the mental capacity of the disabled or older person, they can be involved in the mediation.

Do I need a lawyer?

All family members involved in a mediation, including the disabled or older person who might be in need of a guardian, should have a lawyer to advise them of their legal rights.

Can my lawyer come to the mediation?

We encourage the participation of lawyers in the process. However, lawyers do not usually attend the mediation itself. Your lawyer can advise you before and after the mediation. We encourage you to have your lawyer review any agreement the family reaches before you sign it.

Can I use mediation if I’ve already filed in court for the appointment of a guardian?

Yes. Mediation can be used any time before the court makes a final decision, or to help implement the court’s decision, or to help implement the court’s decision.

Can a mediator help with contested wills and other probate matters?

Yes. If a family member has died and the will or estate is contested, mediation is a good option for resolving the dispute.

How long does mediation take?

How long a mediation lasts depends on the nature of the dispute in your family, how many people are involved, and how complicated the issues are.