Guardianship/Contested Guardianship/Restoration

A Guardianship proceeding is an action in Court which seeks to protect the rights of individuals who may be unable to make or communicate their own decisions.

The Court may determine that a person is incompetent if they are found to be unable to make or communicate their own decision due to a medical condition such as a developmental disability, an accident such as a traumatic brain injury, a progressive condition such as Dementia or even the habitual abuse of alcohol or drugs.

A Guardianship proceeding may be contested if there is reason to believe that the person is able to make or communicate their own decision. Even if a person needs some help to make or communicate their decision, they may still be a competent person.

A Guardianship proceeding may restore the rights of persons who were found to be incompetent in the past but are now able to make their own decisions.

Parties can appeal decisions of a guardianship proceeding to the Superior Court however  the appeal does not stay the appointment of a guardian unless ordered by the Superior Court or the Court of Appeals.

 A Guardianship proceeding is a formal hearing that will have a serious impact on the lives of all involved. If you are a party to a guardianship hearing it is advised that you seek consultation with an attorney.



The Medicare program became law in 1966. Under Title XVIII of the Social Security Act, Medicare provides health insurance for persons over the age of 65, persons who are under 65 and disabled, persons with ALS-Lou Gehrig’s Disease and persons with End State Renal Disease (ESRD).