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.
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.
A guardianship ordinarily lasts until one of these events occurs:
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.
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:
To determine who can be a guardian or conservator the court will look at factors such as:
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.
Last Modified: 04-12-2018 06:20 PM PDTLaw Library Disclaimer
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