what kind of attorney do i need for guardianship

What is guardianship law?

When a person is too young to make decisions or is incapacitated and can no longer care for their own interests , guardian law allows the court to appoint someone to make legal and welfare decisions for them. A legal guardian may be appointed as a limited decision-maker or an all-purpose decision-maker. For example, children whose parents are divorcing often have limited legal guardians help decide custody issues. Nursing home residents may need a general legal guardian to make all their welfare decisions for them. Guardianship lawyers advise you about the appropriate legal guardianship for your particular circumstances. They also help with guardianship forms and other legal paperwork, and represent the guardian once one is appointed.

What can a guardian do for you?

What a Guardianship lawyer can do for you. Guardianship attorneys advise you about the type of legal and welfare decisions you can make as a legal guardian. Whether you need guidance with guardianship legal paperwork or representation once the guardian is appointed, a guardianship lawyer will advise you of your legal rights.

What is a guardianship lawyer?

Lawyers are specifically trained to understand complex guardianship laws. They understand the legal process and can ensure that all documentation is handled appropriately. They can make recommendations that may appease both parties involved and can speak to the court on your behalf.

Who can contest a guardianship?

The contesting party may be other relatives such as aunts or uncles, an estranged biological parent, or other grandparents. Regardless of the validity of their claim, it will be necessary for you to go to court to fight for guardianship.

What is a guardian?

Guardianship is a legal standing that allows an individual to care for a minor or dependent person. It makes provision for the guardian to make decisions on behalf of the child and is granted by the court system. Laws concerning guardianship vary from state to state.

Can a guardian be temporary?

The guardianship may be temporary or permanent. Both parents must authorize this voluntary guardianship. If one parent refuses to sign the order, the guardian must go to court. To navigate the legal process involved in a voluntary guardianship, it would be best to hire an attorney.

Can a parent sign a guardianship order?

This written documentation outlines their wishes for the child to be cared for by the named individual. The guardianship may be temporary or permanent. Both parents must authorize this voluntary guardianship. If one parent refuses to sign the order , the guardian must go to court. To navigate the legal process involved in a voluntary guardianship, it would be best to hire an attorney.

Who can be a legal guardian?

A person who could serve as a legal guardian might be a family friend, family member, or other person the court thinks will act in the minor’s best interest. The legal guardian of a minor might be granted physical custody of the minor, or they may act only as a financial guardian who exercises control over the minor’s property.

Who can be a guardian for a minor?

A person who could serve as a legal guardian might be a family friend, family member, or other person the court thinks will act in the minor’s best interest.

Why do courts grant short term guardianship?

This helps prevent any abuse of power by one of the guardians; Short-term or temporary guardianships can be granted by the court when the ward is facing a time-limited emergency situation, or is only temporarily incapable of making decisions on their own behalf ;

What is a guardian?

A guardianship is an important legal role. The person who is a legal guardian is typically appointed by a probate court. A guardianship empowers the court-appointed guardian to make personal, medical, and financial decisions on behalf of another person who is referred to as the “ward”.

What is the role of a guardian in a court case?

If the court appoints a guardian, the guardian is encouraged to consider the ward’s wishes and give the ward as much autonomy as possible. As above, guardianship of an elderly or incapacitated individual may entail guardianship of the person, guardianship of the person’s estate, or both.

How long does guardianship last?

If the ward is a child, the guardianship will typically end when the child turns 18 years old.

What is Guardian Ad Litem?

Guardian ad litem in which a guardian is appointed by the court for the sole purpose of representing the ward’s interests in some kind of legal proceeding.

Who can file a petition to have the court appoint a guardian / conservator for you

Any of the following people can file a petition to have the court appoint a guardian / conservator for you: You; A person who is either responsible for your care or who has assumed responsibility for your care; A facility providing your care, like a hospital or nursing home;

How to determine if you need a guardian?

At the minimum, your appointed legal counsel should meet with you and conduct an interview to determine your needs and wishes, conduct an investigation to determine if a guardian is needed, make a recommendation as to who would be the best guardian for you, and make sure that your living arrangements suit your needs.

How to file a petition for a guardian?

The person petitioning for appointment of a guardian / conservator may file a motion with the Circuit Clerk’s office requesting permission to file the petition without a psychological evaluation. The court may grant that motion for good cause.

How to become a guardian in West Virginia?

However, after the individual is appointed to serve as guardian / conservator he or she must complete educational training. This educational program is developed by the secretary of health and human resources and may consist of written materials and / or audio- or videotapes. The West Virginia Supreme Court of Appeals has an on-line training program on its website here. The only reason that a newly appointed guardian / conservator would not have to complete this training would be if the court agreed that the individual did not require training because he or she completed it in the last three years.

How long does it take to get a guardian's notice?

If someone petitions the court to have a guardian / conservator appointed for you, you will receive a notice of the date, time and place of the hearing, a copy of the petition and a copy of the doctor’s evaluation not less than fourteen days before the hearing .

What is a conservator?

A conservator is a person who is responsible for managing your estate and financial affairs. A conservator is appointed by a judge after he or she determines that you lack capacity to make decisions about your money.

What is a guardian?

A guardian is a person who is responsible for your personal affairs. A guardian is appointed by a judge after he or she determines that you lack capacity to make decisions about your person.

Who can be a guardian of a minor?

Courts may appoint an adult guardian to care for a minor, who is not the child of the adult. Courts assign guardianships in a number of situations, including when parents have abandoned a minor, when a minor's parents have died, or when a minor's parents are incapable of providing proper care for the minor. A legal guardian may be a friend, family member, or other person the court feels will act in the minor's best interest. As the minor's legal guardian, an adult may be granted physical custody of the minor, or they may act as a financial guardian who exercises control over the minor's property. In limited cases, an adult may be appointed by the court to serve as a guardian ad litem.

How does a court establish a guardian?

A court will establish a guardianship only if it is in the best interests of the child. This will involve factors such as stability in the child’s upbringing, the child’s stated preference, the ability of the proposed guardian to provide the child with proper care, the relationship between the parents and the proposed guardian, and any information regarding the moral character of the proposed guardian. Parents who foresee obstacles in appointing a certain person as a guardian might consider writing a letter of explanation to the court in support of their choice.

What is Guardian Ad Litem?

Guardian ad litem. A court appoints a guardian ad litem to represent a minor's interests in a legal proceeding. Guardians ad litem are typically appointed in divorce cases, probate matters or in situations where the minor has been abused or neglected.

How long does guardianship last?

The guardianship will continue until the ward passes away, or until the court determines that the guardianship is no longer necessary. Guardianship of the estate.

What is the right of guardianship?

An individual has a right to notice and representation by counsel before a guardianship proceeding . During the proceeding, the individual has the right to attend, confront witnesses and present evidence. If the court appoints a guardian, the guardian is encouraged to respect the ward's wishes and give the ward as much autonomy as possible. ...

Why do courts appoint guardians?

Courts appoint guardians, or conservators, to protect the interests of elderly or incapacitated individuals. Because the creation of a guardianship may deprive an individual of some personal rights, certain steps must be taken before a guardian is appointed.

What is the purpose of a guardian?

Guardianship of the person requires the guardian to make decisions regarding the care and support of an elderly or incapacitated individual. The guardian may be required to consent to and monitor medical treatment, arrange professional services, monitor living conditions, and make end-of-life decisions and preparations. When making such decisions, the guardian is expected to consider the ward's wishes and desires, as well as their physical and financial needs. The guardianship will continue until the ward passes away, or until the court determines that the guardianship is no longer necessary.

What is the role of a court in establishing guardianship?

Courts are tasked with establishing guardianships, and they typically appoint guardians in instances of incapacity or disability. Suppose, for example, that a person is put into a coma from a car accident.

How old do you have to be to be a guardian?

State qualifications differ, but in general, to be qualified, a guardian must be a legal adult (18 years of age) and cannot have a felony or gross misdemeanor record implicating dishonesty (forgery, bribery, etc.).

What is guardianship in disability?

Guardianship of Incapacitated or Disabled Persons. A guardianship is a crucial legal tool that allows one person or entity to make decisions for another (the ward ). Courts are tasked with establishing guardianships, and they typically appoint guardians in instances of incapacity or disability.

How to get a guardian for a disabled person?

If you’re concerned about potential disability or incapacity and having the court appoint a guardian for you – as opposed to selecting your own guardian candidate – then you should seek out a qualified family law attorney and execute a durable power of attorney and a duly probated will. Preparing for a guardianship ahead of time in the event that you become incapacitated or disabled will guarantee that the persons you select, outside of some extenuating, disqualifying circumstance, will be there to take care of you in the event of some tragic accident or illness. Find a local family law attorney today.

What is a guardianhip for a mentally disabled person?

A guardianship for physically or mentally disabled or incapacitated persons have, in recent decades, been understood to facilitate the independence and self-reliance of the ward. Guardianships are limited as much as is reasonable in order to allow wards to exercise as much control over their lives as possible while maintaining as much dignity ...

What does the court choose to appoint?

The court will choose based on the express wishes of the ward – if the ward is able to express his or her wishes somewhat. If the ward is not able to express his or her wishes, then the court will make a determination based on pre-incapacity documents such as a durable power of attorney or a will, and if there’s no durable power of attorney available, then the courts typically prefer to appoint a spouse, parents, adult children, brothers, sisters, or other family members.

Do guardians have to micromanage?

Guardians aren’t expected to micromanage a ward’s life , since they’re not providing caretaking services. One way to think of it is as a provision of decision-making services. Guardians step in when necessary to make decisions and give consent to things that the incapacited person doesn't have the capability of doing on their own. This is the limit of their duties.

What are the requirements for guardianship?

Guardianship of an adult can be granted when an adult is incapacitated and cannot make their own decisions. This could happen due to: 1 Sudden illness 2 Chronic illness that gradually leads to incapacitation 3 A disabled person reaching adulthood and requiring ongoing care 4 An adult exhibiting behavior indicating he could cause harm to himself or others

What is the legal right to guardianship?

Find out the requirements for guardianship to be established and the necessary court procedure. Guardianship gives a person the legal right to care for and make decisions for another person, usually of a minor or an adult who is unable to make decisions for themselves, such as an elderly or disabled person. In addition to managing the care ...

How does guardianship differ from custody?

Guardianship differs from custody in several ways. Custody only refers to a minor child, while guardianship can be of a child or an adult. When someone gets custody of a child, they obtain parental or grandparental rights. A guardian does not receive any parental rights and is simply appointed to care for the ward and the ward's finances. When guardianship of a child is established, the child's parents maintain their parental rights. Custody can cancel out parental rights, or at least infringe on them.

Why do you need to be a guardian of an adult?

Guardianship of an adult can be granted when an adult is incapacitated and cannot make their own decisions. This could happen due to: Sudden illness. Chronic illness that gradually leads to incapacitation. A disabled person reaching adulthood and requiring ongoing care.

What is a guardian called?

When the guardianship is of an adult, it is sometimes also called conservatorship.

How to prevent guardianship?

It's possible for an adult to prevent a guardianship situation by creating an estate plan —which can consist of many legal documents—that prepares for all eventualities. To do this, you need a health care advance directive and/or a health proxy so that you can name someone to make health decisions for you and also establish what your wishes are for end-of-life health care. You might also choose to create a living trust to ensure your finances are protected and managed. A power of attorney names someone to handle business and financial dealings on your behalf should be unable to do so. If you want help setting up your estate plan, you can use an online service provider.

Why is it important to have a guardian?

Guardianship can be an important lifeline for children or adults in need. Ensuring that you prepare for all eventualities—for yourself and your loved ones—can give you peace of mind. Ensure your loved ones and property are protected START MY ESTATE PLAN. About the Author.