A Guide to an Attorney for Guardianship
When a loved one cannot make decisions for themselves due to age, disability, or incapacity, it may be necessary to obtain guardianship to protect their welfare. The role of an attorney for guardianship in this process becomes vital, as they provide the necessary guidance and expertise to families seeking to secure guardianship for their loved ones. In this article, we will discuss the significance of a guardianship attorney, what they do and how the guardianship process works.
What is Guardianship?
In guardianship, a court gives the authority to a person (guardianship) to make decisions for another person (the ward) who cannot. Guardianship is necessary for minors who do not have parents, the elderly who are cognitively-impaired, or individuals with severe disabilities.
The types of guardianships are:
- Guardianship of a Minor – Given when the parents die or cannot take care of their child.
- Guardianship of an Adult — Needed when an adult is disabled due to illness and is unable to make personal, financial or medical decisions.
- Temporary Guardianship — Is a short term arrangement, and is typically in emergencies.
- Limited Guardianship − Provides certain decision-making authority to the guardian but enables the ward to maintain some rights.
Why Do You Need an Attorney for Guardianship?
Guardianship is a legal action that needs to be properly documented and is done through the court, by petition and through hearings. A guardianship lawyer can help you out with:
- Navigating Legal Complexities: Guardianship laws vary by state, and an attorney helps make sure you are in the clear.
- Filing Paperwork: Guardianships come with a lot of legal paperwork, including petitions, consent forms, and reports. All such documents are prepared by an attorney and submitted properly.
- Representing Clients in Court: If the guardianship is in dispute, an attorney represents their client’s interests at hearings.
- Preventing Abuse or Exploitation: A lawyer makes certain that the ward’s best interests are placed above all else and that there is no abuse or exploitation.
- Ongoing Legal Support: Guardianship includes reporting to the court and compliance from time to time. An attorney assists guardians in meeting their legal requirements.
How to Get Guardianship: The Process
Establishing guardianship is a multi-step process, which usually consists of:
- Establishing the Need for Guardianship: Ascertain the necessity of guardianship or if less restrictive options, like power of attorney, might suffice.
- Petition Filing: Your attorney drafts and submits a petition to the proper court, detailing why guardianship is needed.
- Notifying Interested Family Members and Others: You must notify interested family members and other persons of the petition and provide them with an opportunity to object.
- Attending Court Hearings: Judge will review evidence, hear testimonies, and decide whether or not guardianship is needed.
- Guardian Appointment: If granted, the court issues an official order of guardianship.
- Ongoing Duties: Guardians are often required to issue periodic reports to the court about the ward and the ward’s financial activities.
Conclusion
It will help in protecting the interests of both parties. Whether it is around a minor, an older parent, or a disabled adult, legal advice is critical to performing guardianship obligations responsibly and professionally. And when you are contemplating guardianship, an attorney experienced in this area can lend the support of peace of mind.