According to the US Senate Committee on Aging, approximately 1.3 million adults are under guardianship and $50 billion in assets are under guardianship arrangements.
Guardianship attorney Douglas A. Oberdorfer, P.A. says that the decision to file for legal guardianship can be challenging. Family members may have disputes about whether guardianship is the right decision or who should serve as guardian. Guardianships apply to three groups of people under different circumstances: minors, adults with disabilities, and the elderly with diminished capacity.
In this article, you will learn how having a guardianship attorney helps you identify critical factors when considering guardianship for your loved one.
Understanding the Role of a Guardianship Attorney
The law firm Orsbon & Fenninger says that a guardianship is a legal relationship between the guardian and his or her ward. The guardian is someone who assumes the responsibility of making decisions and acts on the legal behalf of the ward. The ward is an individual who is deemed by the law as incapable of managing their own personal affairs, finances, property, etc.
Guardianship attorneys assess your situation and explain your options and responsibilities. You must act in the best interests of the person in need of guardianship, whether it is a child or an incapacitated adult.
Guardianship lawyers walk you through the application process, complete and file the necessary paperwork, and represent you at proceedings if your case requires it. They protect both the rights of the guardians and their wards by helping their clients comply with all the legal requirements.
Key Services Offered by Guardianship Attorneys
The attorney will assist you in understanding the legal requirements necessary for the process of establishing guardianship.
They file petitions and motions to present your case properly in court, which allows them to draft legal documents.
Your attorney is prepared to advocate for your rights and interests in the event of a dispute.
They give guardians legal advice about being a guardian and what their responsibilities are.
Guardianship lawyers are trained to provide advice on financial management and care decisions for the ward.
Preparing for Your Initial Consultation
Gather information such as medical records, financial records, or copies of any prior legal documentation on guardianship before having an initial consultation with your attorney. This will expedite the process and give your lawyer a deeper understanding of the situation.
During the consultation, ask your lawyer any specific issues or questions that you think are important. Identify your goals and what you want to accomplish with guardianship as well. It is useful for you to create a brief profile of the loved one’s circumstances and needs.
Prepare to discuss budget and cost issues when seeking guardianship. Asking the right questions helps maximize the services of a guardianship attorney.
Dealing with the Legal Process Together
Cooperate with your lawyer throughout the process of guardianship.
An attorney can clarify and prepare you for the legal prerequisites and requirements of the process. Your legal counsel can prevent any confusion at different stages of the guardianship process. Guardianship lawyers see to it that you have prepared all the necessary requirements for guardianship, such as medical records and financial statements.
Assert your concerns to your attorney when discussing your situation. Explain your views and work closely with your attorney to devise a legal strategy for guardianship.
Questions to Ask Your Guardianship Attorney
Inquire from your guardianship lawyer about their history in dealing with guardianship cases. Ask about the number of identical cases they have handled and their success rate.
Understanding the lawyer’s fees is important, so be specific with what costs will apply to your case.
Inquire about the duration of the guardianship process. Clarify the process timeline so you will understand the steps to undergo and the approximate duration.
Ask the frequency of you receiving updates. Check for your lawyer’s preferred way of communication. This step is important, especially if you have urgent concerns and questions.
Don’t hesitate to ask about potential challenges that your lawyer can foresee with regards to your guardianship application case.
Always ask questions that will help you understand more about the guardianship process.