A guardianship attorney is a family law lawyer who focuses on helping with guardianship issues. Guardianship can be granted over minor children, as well as adults who meet certain criteria. There are many misconceptions out there pertaining to this legal term, including who qualifies and when this type of situation needs to be made legal. Keep reading to learn more about how you can tell if guardianship may be necessary.
A Minor’s Parents Are Deceased
Guardianship may be necessary when a child’s parents have passed away. When a minor’s parents pass away, the courts will typically award guardianship to a family member or friend who is going to step in and care for the children. This allows an adult to enroll the children in school, make medical decisions on their behalf, and even oversee their finances.
A Parent Is Unable to Care For Their Minor Children
Guardianship can also be necessary when the birth parents are unable to care for their minor children. They may be incarcerated, may be medically unable to care for their children, may be struggling with addiction, or may have abandoned their children. Family members often step in and petition the courts for guardianship when the parents are unable or unwilling to care for their minor children.
An Adult is Mentally Incapacitated
Lastly, if an adult is mentally incapacitated, their family may petition the court for legal guardianship. This is often done with the help of a guardianship attorney. According to the ACLU, these types of legal proceedings often treat capacity as a static concept. This generally means that “if one doesn’t have capacity for everything, then one doesn’t have capacity for anything.” Determining capacity is simple in some cases, and extremely complex in others, but ultimately, a judge will have the final say in whether a guardianship is warranted or not.
Determining when guardianship is legally required or needed can be clear-cut in some cases, and murky in others. This is where a guardianship attorney can help. They can help advise you on whether it is necessary or whether you even have a case to be made in favor of it. When you need help with legal guardianship issues, we can help. Call us today to schedule a consultation to discuss the specifics of your case.