Guardianship Litigation

A person ordinarily has the right to make his or her own decisions about health, finances and other matters once he or she turns 18. However, sometimes, it is alleged that a person is “incapaciated,” meaning that the person is incapable of making his or her own decisions, often due to some severe cognitive impairment. In that case, an interested party can move to have a guardian appointed, who will then make medical and/or financial decisions for the incapacitated person. Appointment of a guardian is an extreme remedy that can only be granted after the County Orphans’ Court permits it. Donoghue & Picker can assist with having a guardian appointed for an alleged incapacitated person where it is appropriate. Moreover, Donoghue & Picker has experience vehemently fighting against nursing homes and others who are attempting to have a guardian appointed for an individual where such appointment is not necessary under the circumstances.