Unfortunately, it’s sometimes necessary for individuals to step up and take responsibility for the care and well-being of a loved one.
And not every case is the same. For example, a minor in need of guardianship is fundamentally different than an elder that requires guardianship.
But whatever the situation, legal guardianship can help save lives.
In this post, we’ll explore what a guardianship lawyer does and how they can help protect the ones you love.
According to the National Guardianship Association, guardianship “is a legal process utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence.”
In other words, when an individual (also referred to as the “ward”) can no longer be trusted to care for themselves safely, a guardian may use this legal process to protect the individual’s best interests. It should also only be considered after all other options have been exhausted
Establishing guardianship, however, does strip individuals of their rights. As such, a guardianship lawyer should be present to represent both the individual and their future guardian.
What a Guardianship Lawyer Does
A guardianship lawyer assists the people who are trying to become a legal guardian.
The type of guardianship being applied for typically doesn’t matter. The role of a guardianship lawyer is always to ensure that the petitioner (or the individual applying to become a guardian) has access to the correct court filings and is able to meet the court’s terms of qualification.
Additionally, the lawyer will assist and accompany the petitioner as they appear at important court dates. Throughout the process, the lawyer serves as an advocate for the petitioner in their pursuit of legal guardianship.
When It’s Necessary
Guardianship is necessary for a variety of situations.
Sometimes the need arises after a loved one has suffered from a debilitating mental illness. Other times it’s necessary for the elderly, especially with cases of Alzheimer’s Disease and dementia.
Another situation involves caring for minor children that, for whatever reason, no longer have a responsible adult to care for them. Sometimes this is because there is no will in place at the time of the parent’s death.
Whatever the case, establishing guardianship can help save the lives of your loved ones.
Types of Guardianship
Every situation is different. As a result, there are different types of guardianship. To learn what type of guardianship is right for you, consult with your lawyer.
Limited guardianship may be granted if an individual has the capacity to make some decisions but lacks sound judgment. In these cases, the court will appoint a limited guardian to help with decision-making.
As the name implies, this type involves the appointment of two guardians to look after the interests of the ward. This type offers added protection to the ward and ensures one guardian doesn’t abuse their power.
Guardian of Property
This type of guardianship is primarily concerned with protecting the financial and physical assets of the ward.
Guardian Ad Litem
This type of guardianship is used to protect the best interests of the ward in legal proceedings which impact them directly.
Taking the Next Step
Guardianship can be a vital tool when trying to protect the well-being and the interests of loved ones. No matter what the scenario, guardianship ensures that the vulnerable are cared for properly.
To learn more about how a lawyer can help your situation, schedule a phone consultation with us today!