GUARDIANSHIP DESIGNATIONS
GUARDIANSHIP DESIGNATIONS
Fighting for Family Rights
You have likely heard of the term “legal guardian.” By default, parents are the default legal guardians of their children. Guardianship is a legal role given to a person who will manage the personal activities and resources of another person who is unable to do so on their own.
Guardianship laws generally take front stage when discussing who will become the legal guardian of your children should something happen to you that leaves you unable to care for your children yourself. Some parents may choose a different legal guardian for their children if they find they are unable to care for their children due to a negative financial impact, health concerns, or other reasons. Some people may turn to the grandparents of the children, aunts and uncles of the children, family friends, or anyone that the parents may decide can better care for their children.
There are three types of guardianship: guardianship of the person, guardianship of the estate, and general guardianship.
What is Guardianship of the Person?
What is Guardianship of the Estate?
Who Would Need a Guardian?
There are some circumstances where the need for an alternative guardian may seem obvious. When a minor loses their parents to an unfortunate accident, and their parents die, they may need to have a legal guardian appointed. Likewise, if a minor’s parents should fall ill, be sentenced to a prison sentence, or suffer from decreased mental capacity, then those minors will need a guardian assigned.
Parents have natural guardianship over their children until their child turns 18. However, if that child has a disability that prevents them from taking care of themself or making decisions for themselves after turning 18, a parent may establish a guardianship. This guardianship would persist even after natural guardianship expires.
Why Would You Need a Guardianship Lawyer?
If you are looking at guardianship attorneys, you may be going through a difficult time in your life. You may be working on your will and trying to figure out who to grant guardianship of your children to should something happen to you, leaving you unable to care for your children. This grave matter is the ideal circumstance to seek out an attorney to help with guardianship. If something happens to you and you are unable to care for your children, you will want to outline in your will who should care for your children.
This guardian will be responsible for your children, from medical decisions, legal and welfare decisions, and the best interests of your children. If you should pass away and not outline who you want to care for your children, it can create legal discourse amongst people who wish to care for your children and heartache for your already grieving children.
The worst case scenario for why someone would need a guardianship attorney is because you have lost your loved one, they had children, and you feel like you wish to obtain guardianship. Obtaining guardianship is a difficult process, especially when the child’s parents fail to specify whom they want to care for their children after they pass.
The court considered many parameters when appointing a guardian to a minor. The court will consider the ability of a prospective guardian to meet the physical, emotional, moral, and educational needs of the minor until that minor turns 18. If the minor is over 12, the court will consider the wishes of the minor as long as the minor is of sufficient maturity and intelligence. The court will also consider the existence of an established relationship between the minor and any prospective guardians.
And, of course, the most important thing the court systems will consider when placing a child with a guardian is the best interest of the minor. The court will assume this to be a permanent placement, and they will want to ensure the child’s safety.
There are proceedings that the court will follow when placing a minor with a guardian. It is easier to express your interest to take guardianship of the child during these proceedings. Once a child is placed with a new permanent guardian, it becomes much more difficult to contest the court’s decision and put in a bid for guardianship.
How Can a Guardianship Attorney Help You?
Guardianship attorneys help you understand the process of either deciding who should become the guardian of your children should you become incapable of caring for them or obtaining guardianship of a minor you feel like you would be best suited to caring for.
A guardianship lawyer can help you understand the legal process, fill out the necessary legal paperwork, and understand your legal rights.
Call (203) 446-4725 to speak with the law office of Legacy Law Partners, PLLC. Our team of compassionate lawyers can help you navigate the court system, either ensuring your children are cared for after you pass or helping you gain guardianship of a ward.
Dealing with guardianship issues can be complicated, stressful, and heartbreaking. Work with a team that puts your best interest first!
