Guardianship (Estate Planning)

Guardianship Lawyers in South Portland


It can be difficult to grapple with the idea of death. Nowadays, there are many ways for a person to die without a moment’s notice: sickness, accidents, violence, and more. The first thing that should be on your mind is how would your loved ones fare when you are gone. Guardianship is a legal means to ensure your loved ones are cared for. Guardianship can also make your children’s lives easier if you’re incapacitated. Our trusted guardianship lawyers from Jackson Estate Planning are here to help!

For any questions about guardianship, call us! We offer sound legal advice about estate planning in Maine so you can best protect your family and your assets.

Why do I Need a Guardianship Attorney in Maine?


Children are very vulnerable. Often, our elder parents may be, too. They don’t have the means to take care of themselves in this cruel world or make sound decisions. Designating a guardian for them ensures that their needs are met in the unfortunate event that you pass away.

You can also designate someone as a guardian should you become incapacitated. If there is someone you trust to care for you once your mental faculties have dulled, you can nominate them as your guardian.

If you don’t designate a guardian for yourself or your family member, the court will appoint someone. You want to have someone you trust to take charge. Thus, it’s in your best interest for you to appoint a guardian.

Our experienced guardianship lawyers from Jackson Estate Planning want to help you protect your family. Here’s what you can expect from hiring our South Portland attorneys:

  • Free Strategy Session: Our guardianship lawyer works with you to choose the finest asset protection and estate planning approach for you and your loved ones. You will leave knowing more about estate planning and exactly what you need to do.
  • Personal Care: You and your estate plan will receive the individualized care and attention you require from our estate planning lawyers. Our South Portland elder law lawyer will give you sound advice, exceptional service, and top-notch work.
  • Reviews and Updates: Your estate planning requirements can change over time. We will update your estate plan and perform regular reviews to keep you informed when necessary. Even when it’s time for a review, our Maine guardianship attorneys give you a reminder.

If you have any questions, talk to our South Portland guardianship lawyers for help with your case. Contact our law firm to schedule a free consultation!

What is Guardianship?


To better understand what guardianship means for your loved one, we’ve defined the legal terms in an understandable language:

Guardianship: a legal relationship between a guardian and a ward. This may be established using legal documents such as a trust, a financial power of attorney, or an advance health care directive.

Guardian: This is the person legally responsible for caring for the ward. This can involve managing the ward’s assets or making decisions for them.

Ward: AKA a protected person, this is someone unable to make sound personal or financial decisions for themselves. A protected person may be an incapacitated adult or a minor child.

Establishing guardianship is one of the best ways to protect your child should you pass away. If you want to know how to appoint a legal guardian, you can talk to our guardianship attorney from Maine. Contact us to learn more!

What’s The Difference Between a Guardianship and a Conservatorship?


The most important difference between a guardian and a conservator is the scope of their responsibility. A guardian makes decisions regarding the personal affairs of the ward. On the other hand, the decision of a conservator covers the financial affairs or property of the protected person.

What are the Requirements for a Guardian?


The court views guardianship for an adult as a drastic resort. If you want to petition for someone to have a guardian, the following requirements must be met:

  • The adult cannot communicate properly or evaluate decisions;
  • There are no less restrictive alternatives to meet their needs;
  • It’s necessary to appoint a guardian for the well-being of the adult.

Suppose you have any questions about qualifying for guardianship. In that case, you can ask our esteemed guardianship lawyer from our South Portland law firm. Contact us to learn more!

How is a Guardian Appointed in Maine?


After Probate Court decides that guardianship is needed, the next step is to determine who the guardian will be. If a guardian has been named by the protected party or there is someone approved in another jurisdiction, they would be the first choice.

If the above options are not available, the court will appoint one of the following people, in order of preference:

  • Domestic partner or spouse
  • Adult Child
  • Parent
  • Relative who recently lived with the protected person
  • A family member or individual who shows special care and concern

Elder law and estate planning can be complicated. For clarifications, our guardianship lawyers from South Portland are here for you. Call us now to schedule a free consultation!

What are the Different Types of Guardianship?


There are two types of guardianship in Maine. The main difference lies in how much authority the guardian can have.

  • Full guardianship: The guardian holds the same power over the ward as a parent over their minor child. This includes medical care, activities, managing finances, and living arrangements.
  • Limited guardianship: The guardian cannot exercise all powers available to a full guardian. For example, a limited guardian may make decisions about medical care but not the ward’s living arrangements.

Call our South Portland Guardianship Lawyers Now!


Guardianship is a sensitive topic. This makes some people reluctant to act on it until it’s too late. Don’t let that happen to you. Act now and call our experienced South Portland guardianship lawyers from Jackson & MacNichol!

At Jackson & MacNichol, we believe that every family needs an estate plan. We know firsthand how much a proper estate plan can help families thrive even if the unthinkable happens. It can safeguard your home, ensure your final wishes are carried out and save your family from heartache. On the other hand, we’ve also seen how a poor estate plan can tear families apart.

Don’t wait until it’s too late. Call our South Portland law office today to consult our experienced guardianship lawyers.


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