Guardianship Attorneys in Pearl and Helping You Navigate Guardianship
Can you imagine for a moment your children living with another person you don’t trust? What about an elderly parent who can no longer care for themselves and living with another family member who is not qualified?
In one more scenario, if you have a special needs child, think about allowing the court to pick a person that might not have the interest or the wherewithal to care for them.
These are startling realities many of us have to face in order to plan sooner—and better—so our loved ones are well taken care of. Choosing a guardian for a minor child, an elderly or disabled loved one, or contesting a guardian when the wrong person is in the position can weigh on you. It’s a big decision that must be handled with care and the right legal support.
The big decisions are never easy, but we try to lighten the load with diligent estate planning that protects your family and your assets, including a focus on guardianship.
With solutions at the forefront, we’ve helped many clients through some of life’s greatest challenges, in death and life. Tough decision-making demands a tough partner who will fight for you and your family while treating you with compassion, kindness, and understanding.
Our well-seasoned attorneys have experience in probate, guardianship, and estate planning.Book a free consultation today: 281-214-6541.
What is a Guardianship?
A legal guardian assumes legal responsibility for a minor child, special needs person, or elderly adult when they are not of age to care for themselves or are not physically or mentally able to care for themselves. Guardianships can be temporary or permanent.
Parents might plan for legal guardianship during the estate planning process to be prepared for unexpected situations like injury, death, or incarceration. Guardianship might also take place when an older or disabled adult needs care.
Legal guardians have authority and control over another person or people and are responsible for making decisions on their behalf. This includes decisions on medical and financial topics, education and basic care, support, and discipline. In summary, a legal guardian is responsible for living necessities and daily care.
Our guardianship lawyers with The Hatchett Law Firm can be a part of the guardianship process to ensure all legal requirements are met. Our firm will be useful in helping you plan for guardianship needs as part of the estate planning process or if you need legal support in applying for guardianship over another individual.
Book a free consultation with our guardianship lawyers to determine the next steps. Call us today: 281-214-6541.
What Happens if I Want to Contest a Guardianship?
Family members might disagree with a decision to appoint a certain person in a guardianship role. When this happens, a person can contest a guardianship with the help of a guardianship lawyer or family law attorney.
A legal guardian steps in to make decisions on behalf of your children, an elderly or disabled person, or estate when you as a parent or the vulnerable adult in question are not medically able or if you pass away. Emotions can run high when it comes to death and grief. And it’s sometimes even further exacerbated when young children or vulnerable adults are involved.
When an appointed guardian is assigned, one of the most common legal issues is contested guardianship. A person might question a guardianship due to:
- Daily, basic living necessities, care, and support are not being met
- Emotional stability issues or mental or physical health issues
- Poor decisions being made related to healthcare or medical treatment
- Neglect as it relates to food, clothing, or shelter
- Physical abuse or abuse of power related to money
- The proposed guardian not following the guidelines of the guardianship appointment
- Mismanagement of finances or decisions related to the estate
- Lack of communication with other family members
If you need to contest a guardianship or your guardianship is in question, it’s time to contact The Hatchett Law Firm. We can help you file a petition to the court regarding guardianship rights. Book a free call with one of our guardianship lawyers today: 281-214-6541.
What are Key Things to Know About Guardianship?
Guardianship is required when a person cannot make or communicate responsible decisions related to personal or financial care. This can include mental, physical, and developmental disabilities. Minor children, special needs adults, and elderly adults might need guardianship if a responsible parent or person in charge cannot care for them or they cannot care for themselves.
There are three types of guardianship:
- Guardianship over the person: A guardian is responsible for the well-being and basic care of a minor child or elderly adult. A guardian has legal responsibility and authority to make personal and medical decisions, living arrangements, education, and other basic needs.
- Guardianship over the estate: A guardian of the estate makes financial decisions for the owner of the will.
- Guardianship over the person and the estate: A guardian can be responsible for a person, people, and an estate. This person makes financial decisions and medical and personal decisions for the minor or incapacitated adult in their care.
Guardianships can be temporary or permanent. If a will does not explicitly outline a plan for guardianship, the court will appoint a guardian for children on your behalf, or interested parties can petition, which will need to go through an approval process first.
For any family members that believe guardianship is not being handled appropriately, our attorneys can help you build a case and petition the court for guardianship rights. Book a free consultation with one of our guardianship lawyers today: 281-214-6541.
How Can a Guardianship Lawyer Help Me?
Our guardianship lawyers will be your biggest asset and resource when it comes time to plan for guardianship or file a petition for guardianship rights.
If you need to appoint a guardian, you’re about to become a legal guardian, or you need to contest a guardianship, our guardianship lawyers can help you better understand your rights, legal options, and next steps specific to your circumstances.
When planning to appoint a legal guardian, we can help you determine the best type of guardianship based on your goals, including full, limited, short-term, or temporary. Our team will prepare and file the guardianship application and paperwork to ensure everything is legally binding.
If you’re about to assume the role of a guardian, our attorneys can set you up for success and help you understand your legal responsibilities, inside and out, to avoid any conflicts with the people involved and possible future legal battles that come from mismanagement.
Whatever your scenario related to guardianship, we’re with you every step of the way. Book a free consultation with our guardianship lawyers and start working through your guardianship petition or contested guardianship issues: 281-214-6541.