Q: Can a guardianship attorney help me navigate the court process?
Yes, a guardianship attorney can guide you through the court process, ensuring that all legal requirements are met and that the guardianship is established in compliance with state laws. They can represent you in court and help address any challenges that may arise.
Q: Why should I establish a guardianship?
Establishing a guardianship is essential for several reasons:
- It allows you to make decisions on behalf of your loved one when they are unable to do so.
- It ensures that their needs are met, including health care, living arrangements, and financial management.
- It provides legal protection for both you and your loved one.
Q: What's the purpose of a financial power of attorney?
A financial power of attorney (POA) is a legal document that allows you to designate someone to manage financial decisions on your behalf if you become incapacitated. If you don't have a financial POA in place, a loved one will have to petition the court to be appointed as your guardian.
Q: What happens if my loved one becomes ill and needs someone to make medical decisions for them?
If your loved one becomes incapacitated and can't make health care decisions, you will need a health care power of attorney (POA), which is also called an “advance directive.” If they didn't have a health care POA in place when they become incapacitated, you will have to petition the court to appoint you as guardian.
Q: Can I name a guardian for my children?
Yes, you can name a guardian for your children. But you should be aware that a court won't appoint your choice of guardian if the proposed guardian is incapable of raising a child—for instance, they have a drug addiction or are incarcerated. The most common way to name a guardian is through a will. In most states, you also can appoint a guardian—including a temporary guardian if you're going to be away from your child for a significant time—in a separate document. An attorney can help you prepare the right documents to appoint a guardian.