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Types of Guardianship Protections
Understanding Types of Guardianship Protection
In South Dakota, guardianship protection refers to legal arrangements designed to safeguard the well-being and interests of individuals who are unable to make decisions for themselves due to incapacity or disability.

Navigating Types of
Guardianship Protection

Guardianship is a crucial legal tool designed to protect and support individuals who cannot make decisions for themselves due to various reasons. In South Dakota, there are different types of guardianship arrangements available based on individual needs. Denevan Falon Joyce is a reputable legal firm with vast experience in guiding families and individuals through the complexities of the guardianship process in the state.

Full Guardianship: Definition: Full guardianship grants the guardian total responsibility and decision-making power over the ward's personal, medical, and, at times, financial matters.

How Denevan Falon Joyce Can Assist: Our team of legal experts has a thorough understanding of the intricate process to obtain full guardianship. They guide clients from the initial application through court proceedings and ensure all legal requirements are met. Their ongoing counsel also aids guardians in fulfilling their responsibilities while prioritizing the ward's best interests.

Limited Guardianship: Definition: In a limited guardianship, the guardian has decision-making powers only in specific areas, allowing the ward to retain certain rights. This type is tailored to the ward's unique circumstances.

How Denevan Falon Joyce Can Assist: Denevan Falon Joyce excels in identifying the particular areas where guardianship is necessary, ensuring that the ward retains maximum autonomy. They provide invaluable advice on drafting the guardianship terms and handle any necessary court procedures.

Temporary or Emergency Guardianship: Definition: This type of guardianship is set up rapidly in urgent situations, such as sudden illnesses or accidents, where immediate decisions are needed for the ward's well-being.

How Denevan Falon Joyce Can Assist: Recognizing the time-sensitive nature of these situations, DFJ provides quick legal solutions to establish temporary guardianship. Their experience ensures that, even in emergencies, all legal protocols are followed, safeguarding the ward's rights.

Guardian ad Litem: Definition: A guardian ad litem is a person appointed by the court to represent and protect the best interests of a ward, often in legal proceedings or disputes.

How Denevan Falon Joyce Can Assist: With a deep understanding of the court system, Denevan Falon Joyce offers services in both recommending a guardian ad litem or acting as one. Their commitment is always to ensure the ward's voice is heard and that their best interests are at the forefront of any legal proceedings.

Denevan Falon Joyce
Experience that Matters

Return of Vulnerable Adult: Denevan Falon Joyce represented children and a spouse of a vulnerable adult who was the subject of a temporary guardianship. The individual who petitioned for temporary guardianship removed the vulnerable adult from the state. After a multi-day trial, Denevan Falon Joyce was successful in having the vulnerable adult returned to his family in South Dakota.

Advocacy for Protected Persons: Denevan Falon Joyce has assisted numerous families establish guardianships and conservatorships for the express purposes of advocating for public-benefits eligibility for the protected person.

Preserving an Estate: Denevan Falon Joyce represented a family for the establishment of a conservatorship in a contested proceeding to protect a vulnerable adult from losing a significant portion of his estate and business to fraudster creditors. The work of the firm blocked the fraudsters from gaining access to the vulnerable adult's estate.

Medical Treatment: Denevan Falon Joyce assists families to establish guardianships in an effort to establish a system of substitute decision making that hospitals and other treatment facilities can recognize and rely upon so that they can provide much needed care to the protected person.
Financial Exploitation: Denevan Falon Joyce represented a vulnerable adult from financial predators who misappropriated hundreds of thousands of dollars. Denevan Falon Joyce was able to recover most of the assets and those assets provide for quality care to the vulnerable adult to this day.

Eliminating a Fiduciary Malfeasance: Denevan Falon Joyce has represented clients in cases where bad actors influenced a vulnerable adult to become their attorneys-in-fact, with the purpose of misappropriating assets of the vulnerable adult and cutting off the vulnerable adult from family and friends. Denevan Falon Joyce was successful invalidating the durable power of attorney document and establishing a guardianship/conservatorship, appointing a new individual who was a reliable and who would be a good steward of the vulnerable adults person and estate.

Ongoing Legal Support: Denevan Falon Joyce represents guardians and conservators in contested cases where family members disagree on the treatment of the vulnerable adult or the use of the vulnerable adults estate.

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