Guardians perform vital legal roles. Legal guardians are usually appointed by a probate court. The court-appointed guardian is empowered by guardianship to make medical, personal, and financial decisions on behalf of the person called a ‘ward’.
The ward is usually a child in most guardianship situations. However, they can also be individuals with severe physical and mental disabilities preventing them from making decisions on their own. Guardianships in certain states is called conservatorship.
Legal issues regarding guardianship fall under the purview of state law. It is recommended to speak with a family lawyer if a person feels the need to seek guardianship for an incapacitated elderly parent, disabled child or any other person. The family lawyer should be familiar with guardianship laws in the state where the person lives.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.
Types of Guardianships
There are different types of guardianships varying from state to state. Common types include:
- Full guardianships are those in which the guardian controls full decision-making powers over the ward. This is in cases where the ward is not capable of making financial, personal, and healthcare decisions.
- Limited guardianships are court-granted in cases where the ward is capable of making their own decisions regarding personal care. However, they may need the guardian to make complex decisions regarding lifestyle changes, healthcare, and finances.
- Co-guardianships involves the court appointing two guardians to make decisions for the ward. This prevents abuse of power by any of the guardians.
- Temporary or short-term guardianships is granted by the court when the ward faces a time-limited emergency situation. It is also granted when the ward is temporarily not capable of making decisions on their own.
- Estate guardianship in which the main responsibility of the guardian is managing the assets of the ward and to make financial decisions on the ward’s behalf.
- Guardian ad litem refers to a guardian that is court appointed to represent the ward’s interests in legal proceedings.
Lawyer for Filing Guardianship
It is recommended that you seek the services of a guardianship attorney experienced in the process of guardianship. It can be complex establishing guardianship. Guardians have the legal power to deprive an adult of their ability and autonomy to make decisions for themselves. Typically, courts are careful in determining whether a person needs a guardian or not.
Guardianship lawyers can help attain the best results for your case. They can prepare technical documentation required for the application. Your guardianship lawyer can explain why establishing guardianship is necessary.
They can also make the court understand ways in which you are qualified to be appointed as the ward’s guardian. Favorable results are more likely when you are represented by a capable guardianship attorney. Guardianship lawyers can help you understand the process and make it easier to file for guardianship.
Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
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SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.