Sometimes, during an individual’s court proceedings, the court will decide that the litigant needs a guardian to look out for his or her best interest. When this happens, the court makes a finding on the record that the individual at issue is incapacitated, finds a guardian to care for that…
Conservatorships have been thrust into the public spotlight in recent years because of one high-profile legal battle involving pop star Britney Spears. While many people may now understand the broad strokes of the legal mechanism because of this highly watched and followed case, it can be a complex tool best…
Parents take care of their children as they grow up and age. However, when these parents are getting older, children may get concerned about their parent’s health and well-being. In these cases, they may seek a guardian for their loved one, to take care of their personal and financial affairs.…
This blog is for informational purposes only. McCulloch & Miller does NOT handle guardianship matters, we are a guardianship avoidance firm. When most people think of guardians or guardianships, they think of children needing someone to protect them when their parents cannot. However, older adults may also require a guardian…
Last month, a judge delivered a ruling that thousands of fans and supporters of Britney Spears had been waiting for. Calling the situation of Spears’s conservatorship “toxic,” the judge decided that Spears’s father must no longer be her conservator. Under the conservatorship (guardianship)—which has been in place for over a…
Once best known for her chart-topping hits, Britney Spears is now in the limelight for a much more somber reason. For over a decade, Ms. Spears has been under a conservatorship following a decline in her mental health. That conservatorship has recently gained attention and notoriety as Ms. Spears and…
For individuals with minor children, thinking about who would care for them if the parents died unexpectedly may be difficult but necessary. This designation can be made as part of a Houston estate plan, which appoints a person to serve as the legal guardian of a child—only in case of…
In a perfect world, a child would be raised by its parents. However, this isn’t always possible, and legally enforceable decisions must sometimes be made to name the person who is best positioned to look after a child. Guardianship is generally only needed when a person is incapable—whether legally or…
With a growing population of elderly, the lack of regulations and oversight has led to a disastrous situation for adults who lose civil liberties via guardianship proceedings. A review by the Reading Eagle of court documents in three Pennsylvania counties show that when it is necessary for Adult Protective Services…
It sounds like a nightmare scenario, and for many elderly, it is a reality: a court appoints a guardian and they lose the ability to make decisions about their assets and their lives, often with no advance warning. An article in Reuters reports on a journalist’s investigation that revealed a…