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Guardianship & Guardian Advocacy - GAPS Legal, PLLC
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GAPS Legal, PLLC

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Passionate Advocacy, Individualized Planning, Personalized Results

Guardianship & Guardian Advocacy

we will do it together

How We
Can Help

Guardianship or Guardian Advocacy may be appointed by a court in various scenarios involving individuals under the age of 18, individuals over the age of 18 who have special needs, or those with physical or mental impairments or disabilities. The Guardianship and Guardian Advocacy proceedings are very lengthy processes that require the use of an attorney to effectively and efficiently protect the best interests of the individual that requires assistance. Having a skilled and experienced attorney to help you navigate the process provides you with support and comfort knowing that you are in good hands.

Guardianship Planning With Compassion and Confidence

helping you in and Out of Court

We Are G.A.P.S.

There are many situations that might warrant the appointment of a Guardian or a Guardian Advocate, including:

Decision-making for children with special needs once they reach the age of majority

Personal Injury Settlements for minor children

Inability to understand and meet personal or financial needs

Guardianship and Guardian Advocacy Information

Guardianships should always be a last resort. We assist you in exploring all alternatives to court involvement before we make the recommendation of a guardianship or guardian advocate.

The court can appoint a guardian for any person at any age. If the person is under 18, the appointment is generally to manage property the child receives from an inheritance or personal injury settlement. 

For a person over 18, the appointment is because the individual is unable to manage personal or financial matters.

A Guardian Advocate may be appointed if a person is diagnosed prior to the age of 18 with an intellectual disability, cerebral palsy, autism, spina bifida, Down syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome. The disability must be substantial and expected to continue indefinitely. This option is less invasive than a guardianship, but may not always be the best alternative for someone with special needs.

Guardianship & Guardian Advocacy Basics You Should Know:

Both guardianships and guardian advocacies are appointed through court proceedings.

Guardianship and Advocacy appointments don't happen overnight; proceedings can be lengthy.

The proceedings can be costly and invasive.

Guardianships require an attorney for the Guardian.

Guardianships and Guardian Advocacies allow another person to make decisions for an individual with Court supervision.

Guardians and Guardian Advocates must qualify to be appointed. It doesn't matter if you're a relative; there will still be background investigations and credit checks.

The Court will supervise the relationship once you are appointed. There will be certain things that you can and cannot do without the court's permission.

An educational requirement must be met to be appointed.

There will be annual paperwork that will be required to be submitted.

Let Us Help Your Family, Every Step of The Way.

We can help guide you through this process. Together we have over 40 years’ experience in the guardianship community and we know the importance of having a caring and effective guardian or guardian advocate to oversee the welfare of a loved one.

Please contact us to schedule an appointment.

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