Guardianship
Guardianship is a court procedure which determines who has custody and control of an individual and their assets. The procedures are controlled by state law and must be followed very closely.
There are two basic types of guardianship:
-Guardian of a Minor;
-Guardian of a Disabled Adult.
Guardian of a Minor-
An common situation for guardianship of a minor would be when a parent has had parental rights terminated and now someone must be named guardian to care for the minor.
When I meet with a client over a potential guardianship of a minor we determine the following:
-Is it for a stand-by, short-term or full-time guardian?
-Is it for guardian of the person, guardian of the estate or both?
-Who may act as guardian?
-What are the duties of a guardian?
-What are the procedures to obtain guardianship?
-What are the parental & visitation rights of a parent?
Guardian of a Disabled Adult-
Guardian of a disabled adult is needed when someone is not fully able to manage his person or estate. A common situation would be when an elderly parent is no longer able to manage their affairs or take care of themselves properly.
When Ii meet with a client over a potential guardianship of an elderly or disabled adult we determine the following:
-Is it for a limited or plenary guardianship?
-Is it for guardian of the person, guardian of the estate or both?
-What are the procedures to obtain guardianship?
-What is the role of the Guardian Ad Litem?
-Who has priority to act as Guardian?
-What are the standards of proof to obtain guardianship?
-What are the powers and duties of a guardian?
-What can't a guardian do?
Mark The Lawyer's Approach-
First, I like to meet with the individual or family members to see if the circumstances are right for a guardianship procedure. Next, I like to go to their home and meet the minor or disabled adult so I can ask questions and make my own interpretation of the situation.
Cost Factor-
Most people are happily surprised to find the cost of a standard guardianship with my office to be a lot lower than they expect. I think they have heard horror stories about family in-fighting and litigation that can run tens of thousands of dollars. Those cases can occur. If I am able to meet with all members of the family I educate them on the process, answer all questions and try to get everyone on the "same page". This method reduces the chances of egos taking over and fights occurring.