A guardianship attorney is a lawyer who specializes in Guardianship, the legal appointment of one person to make decisions on behalf of another person because they are unable to do so themselves.
A guardianship attorney can help families obtain legal guardianship over a minor child, an elderly or disabled adult, or someone who has a mental or physical disability.
After the death of a parent, a guardianship attorney can help ensure that a minor child's interests are protected and that a suitable guardian is appointed, regardless a legal guardian was named in the deceased's Will.
They help file the required paperwork, represent clients in Probate Court, and ensure that the guardian's legal responsibilities are properly fulfilled.
If a deceased parent did not have a will, or a guardian was not named, or multiple people seek custody, a guardianship attorney will petition probate or Family Court to appoint a guardian for the child by presenting evidence about why one particular individual should be appointed versus another.