Take Care Of Your Loved Ones With Help From A Guardianship Lawyer

There are several reasons why people might hire a guardianship lawyer, but the most common reason is to ensure that our loved ones have someone to help them make appropriate life decisions if we can't help them ourselves. We usually think of guardians when we think of minors who have not yet come of age. However, these custodial arrangements are very common with the elderly as well as adults with special needs.

Reasons To Consider A Guardianship

The most basic reason a custodial arrangement is needed is to assign a responsible individual the task of making important life decisions for those who are unable to do so themselves. They are commonly found in situations where a minor child's parents are no longer living or are unable to care for them for other reasons such as severe mental or physical health problems or incarceration. In other situations, parents want to establish a guardian for their adult special needs child; someone who will look after them once the parents have passed or if they become incapacitated themselves and unable to care for their child any longer. Yet another reason is to care for aged parents. Sometimes these agreements are set up while the parents are in good health and fully in control of their mental faculties. In these cases, it is the parents themselves who suggest who they want to be in charge. In other cases, they must be set up after a parent becomes so incapacitated that he or she cannot care for him or herself any longer.

What Do Guardians Do?

Guardians have many different responsibilities and no two arrangements are the same. Responsibilities range from simply advising the ward in his or her decision-making to ensuring the day-to-day care of the ward. There are a few different types of arrangements, each with its own powers and limitations. A qualified lawyer will be able to help you determine which type is right for your situation.

They include:

Limited. In this type of situation, the guardian helps the ward make sound decisions. The ward is typically able to make some decisions for him or herself and is not fully dependent on the guardian.Co-Guardianship. As the name implies, more than one guardian is appointed. This is often done to ensure that one person does not abuse his or her control over the ward and his or her assets.Guardian of Property. Also of finances. This person is charged with managing the funds and resources used to care for the ward.Guardian ad litem. This guardian protects the ward's interests in legal affairs.

What Is The Role Of The Guardianship Lawyer?

A guardianship must be created under court order and will be supervised by the court until it expires. Anyone can start the process of creating one of these agreements. A guardianship lawyer is usually retained to represent either the ward or the person requesting the arrangement to be set up. The lawyer will petition the court with the request and a judge will make the ultimate decisions of who the guardian will be and what his or her duties will be. A guardianship lawyer helps families create, terminate and manage these arrangements.

If you are thinking about creating, or are already involved in, a custodial situation, a knowledgeable lawyer can help you understand the process and your rights and responsibilities.