The Role of Guardianship Attorneys

There are moments in our life, during incredibly personal times, when court presence and legal rulings are a necessity-- the death of a loved one, a divorce, or declining health. During these times you may be advised to consult and/or hire a guardianship attorney offering, or specializing in, legal guardianship services.

 

Keep reading to learn more about guardianships and what they mean for your family.

 

If you have questions and you’d like to speak to somebody right away, please give us a call at (703) 468-1885. Our experienced attorneys will walk you through the process and try to help you overcome any issues that you and your family may be facing.

 

Legal Guardianships

Legal guardianship is a legal practice surrounding personal rights and the appointment of someone who is authorized to make decisions on behalf of another.

 

There can be some confusion of terms surrounding guardianship, and there exist very real differences between conservatorship and medical power of attorney. To begin, guardianship generally speaks to court mandated protection over a juvenile for a variety of reasons.

 

Conservatorship, on the other hand, is generally extended by courts to protect an individual with diminished mental capacity, usually due to illness or disability. Although it involves personal health, conservatorship, however, is not the same as medical power of attorney.

 

In fact, a medical power of attorney is an alternative to granting conservatorship, and grants a person authority to act on behalf of another for the purposes of making health care decisions. A medical power of attorney often includes terminating or ending health care and life support systems, and is often included as part of an Advance Medical Directive.

 

It is important that we consider the people in our lives who will need to make decisions on our behalf should we become ill or mentally incapacitated, and it’s critical to grasp the differences between conservatorship and medical power of attorney with respect to estate planning.

 

Estate Planning and Wills – How Guardianship Attorneys Can Help

If you have small children or property that you may leave behind after your death it’s especially important that you consider speaking with an experienced guardianship attorney. Guardianship attorneys are knowledgeable in all aspects of estate planning, wills, and elder law and can help you understand laws and options surrounding a variety of situations.

 

Depending on the type of guardianship and state you live in, hiring a guardianship attorney to begin the process of setting up a guardianship is generally necessary. The court will need to be petitioned, and in cases of proving mental incapacitation a judge will need to make the final determination.

 

If you are interested in seeking a guardianship, you can initiate the appointing process but an attorney will still need to file for a hearing. Your guardianship attorney can advise you if advance notice of the process is required.

 

When you petition the court for guardianship, you will need to know which type of guardianship you are seeking, as there are several options with varying amounts of power and decision-making allowances available.

 

Family Law and Types of Guardianship

Be advised that laws will vary from state to state, so you will need to check your local regulations for specifics. Generally speaking, however, there are four types of guardianship set forth:

 

• Guardian of property
• Co-guardianship
• Limited guardianship
• Guardian ad litem

 

A guardian of property is exactly as the name implies – this person helps to manage or provide monetary resources and property. When it comes to elder planning and tax planning, a guardian of property can be especially valuable.

 

A Co-guardianship exists when two guardians have been appointed. Establishing a co-guardianship may offer peace of mind as you can leverage the two guardians to ensure that neither abuses power, and that both are seeing to your best wishes. Co-guardianships may be particularly successful when dealing with large estate planning, complex tax planning.

 

Limited guardianship is increasingly useful when a person can generally make their own decisions, but may need assistance particularly with making health care decisions. Limited guardianships are ideal for elder planning, as mental capacity diminishes with aging and age-related illnesses, especially.

 

Guardians ad litem are appointed by Courts to protect and manage legal proceedings directly affecting someone. The guardian ad litem is usually appointed for minors, or in cases where a guardianship petition has been requested, but not heard by the Court in an official court hearing. Usually once the court hearing is over, the guardian ad litem is relieved of duties and the court-appointed guardian will step into place.

 

Importan Things to Remember

Again, as laws vary from state to state you may have additional options available to you outside of the four briefly mentioned in this article which is why consulting a guardianship attorney is highly recommended.

 

For example, a Virginia guardianship attorney can tell you about Standby Guardians and Emergency Orders for Adult Protective Services – two additional guardianship options available.

 

States may also make special requirements of guardians, and you will need to be properly advised so that you are working within parameters set forth by the laws of your state.

 

As an example, in Virginia guardianship attorneys will tell you about the annual report required to be filed with the social services department regarding the care that has been provided.

 

Let Irving & Irving Help

The attorneys here at Irving & Irving believe that family always come first in everything we do.

 

We believe that once you have laid out your plans, you’ll feel a huge weight lifted from you, and you can rest assured knowing that all of your affairs and loved ones are taken care of.

 

Family law topics like estate planning and wills can evoke a range of emotions within us. It’s understandable that you may feel anxious or sad as you plan for the end of your life, but it helps tremendously to have the support of family and friends, and the knowledge of an experienced guardianship attorney that you can trust during this process.

 

Contact Us Today

If you need help during what can be very difficult times, give our probate attorneys a call at (703) 468-1885. You can also contact us online by clicking here and filling out our form.

 

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