A guardianship sometimes referred to as conservatorship, is a legal option used when an individual is unable to make or share safe decisions regarding their property or person, and in the event that this has caused them to be vulnerable to fraud and influence. 

The process can remove the rights of a person and therefore should only be taken into consideration after alternative options are no longer available or the alternatives are proven to be ineffective.

Whether you are interested in petitioning the court to become a guardian or you are a parent contesting the appointment of a guardian, our strong advice is to hire an attorney with substantial experience litigating before the Family Court.

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The scenarios where guardianship may need to be appointed could be when someone has a physical or mental handicap that prevents them from caring for their own basic requirements. It's also required if an impairment puts the individual at risk of danger. It could also be required in instances when the individual is not able to find someone legally accountable for their care.

The procedure for appointing guardianship will differ depending on the jurisdiction. The usual procedure is that the person requesting the appointment of a guardian would make a request to the court of the region in which the person is incapacitated. The petition is usually with sworn statements or medical affidavits proving the incapacitated person's condition.