Susan Brazas

Attorney at Law


Guardianships

Susan has often been appointed as a “Guardian ad Litem” in proceedings where a petition for Guardianship has been filed for persons alleged to be disabled, or for minors. In these instances, the judge relies on Susan’s thorough investigation and recommendation in reaching a decision about whether to appoint a guardian, and if so, who the guardian should be.

In deciding whether to appoint a guardian for an adult, the court must be shown proof that the person is incapable of managing his or her affairs, and/or incapable of making day-to-day decisions such as in regard to health care and activities of daily living. The court will decide whether it is appropriate to appoint someone as the guardian of the person only (for making health care and residential decisions, for example), or also as the guardian of the estate (for making financial decisions such as paying bills and selling or buying property).

In deciding whether to appoint a guardian for a minor, the court must be shown proof that both of the parents of the child are unable or unwilling to provide day-to-day parenting of the child, or that one or both parents have agreed to another person being named as their child’s guardian. This situation may arise when, for example, one parent is in active duty military, is incarcerated, or is suffering from a physical or mental impairment rendering them unable to provide proper parenting care.

Laurel