Having a short conversation with a guardianship attorney is enough to start your path to protecting your family.
Almost immediately you start to brainstorm how scenarios – good, bad, and weird, might affect you and your children.
And that last piece truly is the value of talking to a guardianship attorney, setting up contingency plans for your children’s’ care, wealth, and guardianships.
A Guardianship Attorney helps you set up a guardianship plan just in case you cannot be there for your family. Just in case they cannot take care of themselves or you one day…
Just. In. Case.
Without a Guardianship Plan, Incapacity Creates Barriers To Treatment and Desires
When decisions need to be made for an incapacitated person, a guardianship plan sets forth who will be making those decisions. A guardianship attorney will have drafted and set in place both the plan and the action for putting the plan to work for you.
Without a guardianship plan a court, or already established precedent, will be used to appoint a person to oversee making legal and welfare decisions on yours or the incapacitated person’s behalf.
Think about this a little bit and ask yourself, does someone who has no idea who I am have enough knowledge of my desires and wishes to make an informed decision about how to handle my affairs? Should they be making decisions about how to take care of my children, and with whom they should be staying?
A Good Guardianship Attorney does not Just Draft Your Plan; They Stand By Your Side When It is Needed.
If the worst comes to pass and a guardianship plan is necessary, a guardianship attorney can and will guide you (or your designee) through implementing the plan you have crafted.
The attorney will help the guardian (petitioner) reach guardianship by fulfilling the appropriate court’s qualifications. This support will include being present and leading the guardian through important court items and advocacy on behalf of the guardian petitioner.
A Guardianship Attorney Knows the Processes
Filing for guardianship can be time-consuming. The guardianship process might include petitions, hearings, and evidence – and may even face challenges from multiple parties seeking guardianship of the incapacitated or their children.
A guardianship lawyer can help expedite this process. If the guardianship attorney is the drafter of the plan and other aspects of the incapacitated or deceased’s estate plans, they will understand how the guardianship proceedings play into the full scope of this transitional period.
You can imagine that this process, can get complicated very easily. Especially if minors, money, or assets are involved. The best thing you can do to mitigate potential issues ahead of time is to gameplan how things would work out with a guardianship attorney sooner rather than later.
A Guardianship Attorney Can Advise You Today On Practicalities of Guardianships
Did you know that in some states, if a person has a guardian they are unable to do certain things by law? For example, in California, a person who has a guardian and wants to vote, must be able to vocalize the desire. That can be difficult if the person cannot vocalize due to a disability or stroke. A guardianship attorney can help navigate laws like this and help the disabled, deceased, or their families figure out the rights of those bound by guardianships and those defined within them.
Guardianship Attorneys Can Help You Plan for Needs at Any Age
Having a guardian appointed for an incapacitated loved one is important to protect them, their family and their estate.
Elderly people, especially those with Alzheimer’s or Dementia, and people with mental disabilities are vulnerable and can easily be preyed upon. So can children who cannot represent themselves and without a plan often end up as wards of the court.
Even if beneficiaries, or heirs, have a power of attorney or written documentation of your wishes, they still may not have the right to legally transfer property and assets and guardianships to other individuals. A guardianship attorney is essential for making sure all potential pieces are set up and ready to go into play when necessary.