A guardian is appointed by a court to care for someone who cannot care for themselves. Different types of guardianships exist, and a guardianship attorney can help with the process. State laws determine the process for applying for guardianship, and a hearing is held to appoint a guardian. The prospective ward is entitled to legal counsel during the hearing.
A guardian is a person who has been appointed by a court to look after the property and/or physical well-being of someone, called a guardian, who is incapable of looking after themselves. Jurisdictions will differ somewhat as to a guardian’s duty and authority, as well as the precise legal procedures required to be appointed a guardian. There are also many different types of guardianship, including child guardianship, temporary guardianship, and emergency guardianship. As a rule, a guardianship attorney will be involved in the process. A guardianship attorney can represent the applicant or the department throughout the guardianship process.
In the United States, state laws determine the type of guardianship allowed, as well as the process for applying for the appointment of a guardian. Typically, a prospective guardian’s petition must be filed in the probate court in the county where the prospective ward resides. Proper documents, including a petition and notice to the prospective inmate and his or her family, typically must be submitted to the court in order to initiate the guardianship application.
While an attorney is not required at any point during guardianship proceedings, a guardianship attorney may be able to help a prospective guardian determine what type of guardianship is appropriate in their circumstances. For example, if the ward is a minor, the proceedings may be slightly different due to the fact that most jurisdictions treat matters relating to minors as closed proceedings. Additionally, if your situation requires the immediate appointment of a guardian, you may need to file an emergency petition. By obtaining the services of a guardianship attorney, the petitioner should be assured that she is filing the proper documents to achieve the goal of being appointed guardian.
Once the motion has been filed and the competent persons notified of the motion, the court will set the matter for hearing. If the motion filed was based on urgency, however, the judge may conduct a hearing within 24 hours, even if the proper persons have not been notified. Regardless of when the hearing is held, a guardianship attorney will accompany the appellant to the hearing and present the appellant’s reasons for requesting that the court appoint him or her as guardian of the ward.
A prospective ward is also entitled to legal counsel during a guardianship hearing. In some cases, the court will appoint an attorney to represent the department to ensure that the prospective department’s best interests are protected. Of course, a prospective ward also has the right to hire a guardianship attorney of its choice before the court appoints one.
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