Comprehensive Guardianship Services in Warwick

Legal Support for Adult & Elder Guardianship Matters

The Law Office of Steven J. Hart provides legal assistance to individuals and families in the midst of guardianship proceedings. Our compassionate estate planning attorneys have decades of experience in guardianship law and are dedicated to helping you navigate this difficult time.

Guardianship is a legal relationship in which a guardian is charged with the care of a dependent adult. A guardian is similar to a trustee, with the exception that a trustee is a fiduciary who handles the affairs of another person's estate, whereas a guardian is a fiduciary who takes care of a person's well-being.

Contact our guardianship attorney in Kent County online or by phone at (888) 701-0919 for trusted guardianship guidance.

Understanding Different Guardianship Roles

• A guardian of the person is a guardian who is charged with the care of a dependent adult's health, safety, and well-being. This guardian is responsible for making sure that the dependent adult is properly fed, clothed, and sheltered. This guardian also makes sure that the dependent adult receives proper medical care and has access to the care they need.
• A guardian of the estate is a guardian who is responsible for managing the dependent adult's finances. This guardian is responsible for paying bills, filing taxes, and making sure that the dependent adult has enough money to live on. This guardian is also responsible for making sure that the dependent adult's property is protected and that property taxes are paid.
• A guardian of the person and estate is a guardian who is responsible for caring for the dependent adult's health and well-being as well as managing the dependent adult's finances. This guardian is responsible for making sure that the dependent adult has access to the care they need and that the dependent adult has enough money to live on.

In Rhode Island, the court will determine which type of guardianship is appropriate based on the needs and limitations of the individual in question. The process usually involves filing a petition, providing medical or psychological documentation, and appearing for a hearing in the appropriate division of the Rhode Island courts. As you move through these steps, our guardianship attorney in Warwick can help you understand what evidence is required, how to prepare for your testimony, and what to expect from the judge so that you feel more informed and confident about the outcome.

Families in and around Warwick often want to know how much authority a guardian will actually have in day-to-day life. I take time to explain how the court order defines the guardian’s powers, how financial reporting and accountability work, and what safeguards exist to protect the rights of the person under guardianship. When I work with you as a guardianship attorney Warwick residents can turn to, I also discuss realistic timelines, potential objections from other family members, and ways to minimize conflict while still protecting your loved one.

When Guardianship Becomes Necessary

Guardianship proceedings are often necessary for individuals who cannot care for themselves due to:

• Dementia — Individuals with dementia often cannot care for themselves and require a guardian to make sure that they are properly cared for.
• Physical disability — Individuals with physical disabilities often require a guardian to care for them and make sure that they get the medical care they need.
• Mental illness — Individuals with mental illnesses often cannot care for themselves and require a guardian to make sure that they receive the care they need.
• Substance abuse — Individuals with substance abuse issues often cannot care for themselves and require a guardian to make sure that they are properly fed, clothed, and sheltered.

Are There Alternatives To Guardianship In Rhode Island?

Yes, there are alternatives to guardianship in Rhode Island estate planning. One option is establishing a power of attorney, which allows you to designate someone to handle financial and health care decisions without the need for court-appointed guardianship. Another alternative is setting up a trust, where a trustee manages assets for the benefit of your minor children or dependents. This can be particularly useful in avoiding the complexities associated with guardianship.

For those seeking more personalized advice, consulting the experienced Kent County guardianship lawyers at Law Office of Steven J. Hart can provide valuable insights into these options. Our attorneys know Rhode Island estate planning laws thoroughly and can help you explore other alternatives, such as conservatorships or advance directives, depending on your specific needs. Each alternative has its own benefits and limitations, so it's crucial to discuss your situation with an experienced attorney to determine the best course of action. This ensures that your loved ones are cared for according to your wishes, without unnecessary legal hurdles.

When you meet with me to discuss these choices, I will ask detailed questions about your family relationships, current medical concerns, and long-term goals so that we can tailor a plan that fits your circumstances. For clients in Kent County and nearby communities, including those who may ultimately file in the Kent County Superior Court or local probate courts, I explain how each option works in practice and what documents you should have in place. By understanding the differences among guardianships, powers of attorney, and trusts, you can make thoughtful decisions that balance independence with protection for the person you are trying to help.

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