Guardianship Lawyers

Locate a Local Family Lawyer

Find Lawyers in Other Categories
Most Common Family Law Issues:

What Is a Guardianship?

A guardianship is a court supervised legal relationship established for the benefit and protection of another, called the "ward." When appointed, legal guardians are responsible for the ward’s personal and property interests. Guardianships are generally for children whose parents can no longer take care of them, or for persons over eighteen years old who are declared mentally or physically incapacitated.

What a Guardianship Lawyers Do?

A guardianship lawyer helps those who are trying to become a guardian. No matter what kind of guardianship, they will make sure that the petitioner (the person applying to be a guardian) has the right paperwork and fulfills the court’s qualifications. This includes showing up on important court dates, advocate on behalf of the petitioner to the court, and ultimately help the petitioner reach their goal of guardianship.

Types of Guardianships

When Does a Guardianship End?

A guardianship ordinarily lasts until one of these events occurs:

What Is a Conservatorship?

There are two types of conservatorships: conservator of the estate and conservator of the person. A conservator of the estate (also called a "guardian of property", "custodian" or "curator" in some states) is someone who has the court-ordered authority and responsibility to manage another adult's finances. In contrast, a conservator of the person is given the power to make medical and living arrangement decisions for another adult. Most often, conservatorships are established for people who are in comas, suffer from advanced Alzheimer's disease or have other serious illnesses or injuries.

The Process for Obtaining a Guardianship or Conservatorship

Anyone interested in the well-being of the incapacitated person can initiate the guardianship or conservatorship process. Here are some things to keep in mind when you're considering petitioning for guardianship or conservatorship:

Who can Serve as a Guardian or Conservator?

To determine who can be a guardian or conservator the court will look at factors such as:

Do I Need a Family Lawyer?

An attorney is usually necessary to petition a court for the establishment of a guardianship or conservatorship. Speaking with an experienced family lawyer will enable you to understand the complicated legal procedure and help to protect the best interests of all those affected.

Consult a Lawyer - Present Your Case Now!
Last Modified: 06-29-2017 03:51 PM PDT

Find the Right Lawyer Now

Link to this page

Law Library Disclaimer

LegalMatch Service Mark