Guardianship
Guardianship
Guardianship is often a last resort—but when necessary, it can provide critical support for individuals who are no longer able to manage their own affairs. Steve Fleischer approaches this topic with clarity and care, helping families understand both the legal realities and the emotional implications.
If a client has not executed advance directives—such as a Health Care Proxy, Power of Attorney, or Living Will—and later loses mental capacity, the court may need to step in. In such cases, a petition for Guardianship may be the only way forward.
What Guardianship Involves
Guardianship proceedings are complex. They are emotionally taxing for families and financially costly. Courts aim to tailor guardianship powers to the individual’s needs, but they can still extend full control over both medical and financial decision-making for what the law refers to as the Alleged Incapacitated Person (AIP).
To avoid this outcome, Steve strongly recommends planning early—while the client is mentally clear, engaged, and able to make intentional choices about the people and preferences they want reflected in their future care.
Steve's Role in Guardianship Proceedings
- Preventive Planning: Steve guides clients in executing advance directives and planning documents that protect against future incapacity and eliminate the need for court intervention.
- Uncontested Guardianship Supervision: If a Guardianship becomes necessary and the family is unified in support of a petition, Steve supervises the process to ensure it moves forward with dignity and legal precision.
- Referrals for Contested Cases: In situations where families disagree or the client challenges the need for Guardianship, Steve will refer the matter to litigation counsel who handle contested proceedings.
Guardianship may be necessary—but it should never be the default. Steve’s goal is to empower clients to make proactive, informed decisions that keep them and their families out of crisis. Advance directives aren’t just legal forms; they’re expressions of trust, autonomy, and peace of mind.
Experience and Empathy You Can Trust
Steve believes the process should not only be legally correct—but emotionally supportive. He’s the kind of attorney clients feel comfortable calling with questions, and he ensures that family members are kept informed and reassured throughout. In turn, he values working with Executors who are attentive, responsive, and committed to handling the details.
From start to finish, Steve offers more than representation—he offers resolution. His goal is to bring order to complexity and to help families honor the legacy of their loved one with clarity and respect.