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Probate Law

Why You Need a Guardianship Attorney

A Guardianship Attorney is an important part of your legal team when you are taking steps to establish guardianship for a loved one, whether it’s an aging family member or a child with special needs. The process can be complicated and having an experienced lawyer by your side can make all the difference.

The law defines “guardianship” as legal custody of a minor or incapacitated person that gives the guardian responsibilities and rights similar to those of parents, including day-to-day care, protection, and financial management. Our firm’s attorneys are experienced in establishing guardianship for children and adults, and our attorneys can help you understand the process and its implications so that you are making a decision that is best for your individual circumstances.

Typically, the court will only grant a guardianship when it is in the best interests of the person who needs protection. A child’s parents are usually able to provide for their needs, but in cases where they cannot, or where the child’s parents have died and the estate is being probated, it is often necessary to obtain a guardianship. In adult cases, a legal guardian may be needed for someone who is unable to handle his or her own affairs, due to an illness, accident, or mental disability.

Our lawyers can assist you in obtaining a legal guardianship for a child or an incapacitated person, whether the person is your own child, your spouse, your sibling, or a close friend. We can also help you contest a petition for a guardianship, or a finding of adjudication of incapacity. Our role in the proceedings is to help you produce the best petition possible, submit all required documents, and to argue your case before a judge.

It is also common for our clients to seek legal assistance when they are attempting to terminate or modify a guardianship. The process can be long and involved, and it requires the filing of a petition with the court along with either a citation or notice for a hearing. The petition must include basic personal information, the name of the person for whom you are seeking a guardianship, and a report describing the person’s condition from a doctor or other health professional.

Our lawyers can guide you through the entire process, from start to finish. We can also be your partner when you are in the middle of a dispute with another party, whether it is a relative or a proposed guardian, and can negotiate on your behalf. Contact us for a consultation to learn more about our services and how we can help you establish or modify a legal guardianship for your loved ones. We offer free initial consultations, so call today to schedule yours!