Effective representation is provided for cases involving guardianship. The experienced attorneys at Notinger Law have extensive knowledge in guardianship cases in New Hampshire as well as Massachusetts and can help in making the process simple for you and others involved.
Guardianship in New Hampshire and Massachusetts
In New Hampshire, if you are unable to care for yourself or become incapacitated you may need a legal guardian. Typically, if you have not already selected a person to make decisions on your behalf or care for you, the court appoints a guardian. A legal guardian is required to act in your best interests as well as your estate.
Guardianship can result in some complex legal issues. First, it may be necessary for a designated guardian, family member, or friend to petition the court for a legal guardian to be selected or granted authority if an individual has become incapacitated or are not aware they are in need of assistance. Secondly, court action may be required if a legal guardian has not been acting in the best interest of the said party or their estate.
If you experience legal issues regarding guardianship in the state of New Hampshire or Massachusetts, it is vital to contact an experienced lawyer for assistance. The attorneys at Notinger Law are knowledgeable in all aspects of guardianship in both states and are available to assist you.
Issues with Guardianship
If an adult who is unable to care for themselves due to exhibiting physical or mental issues or become incapacitated a guardian may be appointed. The adult must be prevented from managing their own affairs and generally, there must be a danger or some risk that requires a guardianship appointment due to these issues.
A court appoints a guardian only if one has not been designated by you to care for you or make decisions on your behalf in circumstances of incapacitation. Typically, prior to becoming incapacitated or ill, it is best to elect a guardian so proceedings for legal guardianship are unnecessary. Attorneys at Notinger Law located in Nashua New Hampshire who is also licensed to practice in Massachusetts can assist you with planning your estate.
The individual or individuals who believe guardianship is needed must petition the court to appoint a guardian. In many cases, a person familiar with the incapacitated person will be appointed guardianship by the court; in other cases, however, a neutral third party is appointed guardianship by the court to manage the estate.
Under New Hampshire and Massachusetts law, the designated guardian has certain responsibilities to uphold and must stay within the laws outlined by the state. Court action may be taken if a guardian abuses their power or attempts to take liberties outside of what they are required and permitted to do. It is crucial to take action if you believe someone you love or know is being treated improperly by their guardian.
Notinger Law has over 25 years’ experience in all aspects of estate law in both New Hampshire and Massachusetts. Attorney Notinger can help you understand your legal rights, represent your interests, and advocate your situation before the court.
Contact Notinger Law to schedule a consultation about guardianship in New Hampshire and Massachusetts.