What is the Process to Establish a Guardianship?

Requesting guardianship over a loved one is not something that our courts take lightly. After all, you are essentially taking someone’s rights away, and even in situations where it is absolutely necessary to bring in a trusted family member or friend to make decisions regarding health, safety, finances, etc., great care is taken to ensure every "I" is dotted and "t" is crossed.

Just how detailed and well-intentioned is this process? Well, we are glad you asked. In my book, Who Gets Your Stuff When You Die, we break down several actions that help determine if your loved one’s situation necessitates a guardian.



Establishing a Guardianship — When loved ones need someone they trust

To establish a guardianship, the first step is to file a petition in Probate Court. Any interested party may file a petition, even if that person does not want to be appointed guardian. The Court will then determine if the individual named in the petition is, in fact, incapacitated in a way that makes them need a guardian.

To learn more, read Leigh's full blog post.

What is Expected of an Executor or Trustee?

Many clients we work with have a pretty good idea who they would name to be the executor or trustee of their estate. It is usually someone they are close to, such as their spouse, a family member, or even a close friend, and there is typically a great deal of trust that this person can handle what is expected of either role. Whether your estate is large or small, simple or complex, being an executor or trustee takes time and effort.

Even if the person you choose sees it as an honor to have been chosen, they may not understand what is expected of an executor or trustee. Therefore, you will want to choose wisely, so your affairs are handled properly when the time comes.

So what is expected, exactly?



The best way to begin the task of choosing who will act on your behalf is to think about the tasks they will perform.

To learn more, read Leigh's full blog post.

Call Leigh Hilton PLLC today!!

Do you have questions about guardianship and whether or not it is right for you or a loved one? Having a competent estate planner in your corner will help you and your family navigate the often overwhelming waters that come with protecting everything you own and everyone you love. That is our job, and we would like to think we do it better than anyone else. Please call Leigh Hilton PLLC so that we can help ensure you and your family are taken care of in the best way possible.



Leigh Hilton PLLC wants to be your first call every time for any estate planning need. We look forward to serving you

Thank You for Your Referrals

 Felix & Terrie Velasquez

David Heiman

Clint Blackwell

Borden Green

Jim Winkley

Chris Baca

Susy Jouett

ATTORNEY LEIGH HILTON



Leigh Hilton has helped over 6,000 families protect the assets that they leave to loved ones from divorce, creditors, lawsuits and predators. She has over 26 years of legal experience in the practice areas of Estate Planning and Probate. Whether your estate is large or small, simple or complex, Leigh would welcome the opportunity to meet with you to discuss your estate planning needs. Leigh Hilton PLLC wants to be your first call every time for any estate planning need. We look forward to serving you.