A guardianship attorney is a lawyer who specializes in Guardianship, the legal appointment of one person, a Legal Guardian, to make decisions on behalf of another person, known as a Ward, 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.
Guardianship attorneys support Surviving Families after a death in several ways including:
Ensuring Continued Care: Guardianship attorneys advocate for the continued care and wellbeing of the individual, ensuring there is no lapse in appropriate care following the death of the previous guardian.
Addressing Legal Formalities: They guide the family through legal formalities and procedures required to re-establish a new guardian, ensuring compliance with relevant laws and regulations.
Transition of Guardianship: They assist in facilitating the transition of guardianship after the passing of the previous guardian, ensuring a smooth transfer of responsibilities and rights to the appropriate individual or entity.
Legal Representation and Guidance: They represent the interests of a minor or incapacitated adult and their family during the transition, providing guidance and legal expertise to navigate the process effectively.
Protecting the Ward's Interests: Acts in the best interests of the individual, making certain that their care, protection, and rights are safeguarded during this transitional phase.
Updating Legal Documents: Assists in updating legal documents and records to reflect the change in guardianship and ensure the new guardian's legal authority is appropriately recognized.