Is an elderly relative showing signs of incapacity? Does an older friend have difficulty handling his or her personal care or financial matters? Do you have a child with special needs who will soon turn 18? If so, a guardianship may be appropriate.

A guardian is a person appointed by the court to take care of an incapacitated person. There are two types of guardianships. A Guardian of the Person takes care of physical needs and makes health care decisions for the ward (the person needing help) and a Guardian of the Estate handles financial matters. Often, the Court appoints one person to handle both jobs.

Even though the ward may be a spouse, adult child, or close friend, you must follow a formal legal process in order to be appointed as his or her Guardian.

At the Estate Planning and Elder Law Practice of Mitch Cash, Attorney at Law, we are experienced in representing families in these sensitive proceedings.