what to bring to a lawyer appointment about guardanship

by Amaya Corwin 10 min read

GUARDIANSHIP APPOINTMENT 1. A list of all assets, including the value, how the asset is titled, and if there are any loans on the assets (assets include real estate, stocks, bonds, savings and checking accounts, certificates of deposit, retirement accounts, prepaid burials, life insurance, etc.).

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What documents should I bring to my lawyer?

PLEASE BRING THE FOLLOWING TO YOUR. GUARDIANSHIP APPOINTMENT. 1. A list of all assets, including the value, how the asset is titled, and if there are any loans on the assets (assets include real estate, stocks, bonds, savings and checking accounts, certificates of deposit, retirement accounts, prepaid burials, life insurance, etc.). 2.

What should I bring to my meeting with my attorney?

In a family law setting, a legal guardianship can be described as a special type of legal arrangement wherein an adult agrees to assume legal responsibility for a minor who is unable to take care of themselves. The adult party in a legal guardianship is known as the “legal guardian”, whereas the child or minor is referred to as their ...

What do I need to know about legal guardianship?

Sep 29, 2017 · Photographs from the scene of the accident. Documenting the accident with photos will help your attorney prove your side of the case. Bring in photos of your injuries, if applicable. Lost wage information. If you lost any wages due to the accident, bring in any information pertaining to that. This includes days of missed work.

Why do I need to send additional documents to my lawyer?

Mar 29, 2022 · A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities. After adjudication, the subject of the guardianship is termed a "ward." Florida law requires the court to appoint a guardian for minors in circumstances where the parents die or become …

Who Can Be A Legal Guardian?

A legal guardian can be anyone over the age of majority (18-21 depending on the state) who is capable of taking care of the child’s needs, includin...

How Can I Establish Legal Guardianship of A Child?

You can establish legal guardianship of a child by filing a petition stating your interest in obtaining guardianship along with a filing fee. Once...

What Are The Differences Between Legal Guardianship and Child Custody?

While child custody provides rights and responsibilities to the parent of the child, a legal guardianship provides similar rights to someone that i...

What Are The Differences Between Legal Guardianship and An Adoption?

Both guardianship and adoption create legal relationships between a child and an adult that give the adult certain rights and obligations regarding...

What If A Parent Already Has Custody of The Child?

If a parent has legal custody of a child, a court usually will not intervene and appoint a legal guardian. It is the practice of courts not to inte...

How Does Guardianship End?

There are several ways that legal guardianship can end: 1. The child dies 2. The child reaches the age of 18 3. A judge decides that the guardiansh...

Do I Need A Lawyer For Legal Guardianship Issues?

The laws governing legal guardianship can often be complex, especially if child custody issues are also involved. If you have any legal concerns in...

Who is considered a legal guardian?

Generally speaking, most legal guardians are usually persons who are either close family members and/or friends of the ward or the ward’s parents. In cases where a court is forced to choose an unrelated person, they will often select someone who has been recommended by a state child welfare program.

What is legal guardianship?

What Is a Legal Guardianship? In a family law setting, a legal guardianship can be described as a special type of legal arrangement wherein an adult agrees to assume legal responsibility for a minor who is unable to take care of themselves. The adult party in a legal guardianship is known as the “legal guardian”, ...

What happens after an adoption?

After the adoption process is complete, the adoptive parents will then be considered the child’s legal parents in the eyes of the law. This means that the adoptive parents will now have the right to make decisions over how they wish to raise the child.

What is a child custody case?

Child custody cases can also be used to obtain court approval of a child custody arrangement, to make a child custody agreement enforceable, and to modify the amount of child support that a parent is required to pay each month . Unlike most child custody cases, legal guardianship matters will not stem directly from a divorce, ...

How old do you have to be to be a guardian of a child?

As long as an individual has reached the legal age of majority in their state, which is usually around 18 years of age, they can be appointed as a child’s legal guardian. The individual must also be able to provide proper care for the child as well as have the capacity to make legal decisions on the child’s behalf.

What happens to a child when they are adopted?

Once a child gets adopted, the biological parents must give up all of their parental rights and obligations to the child.

Is legal guardianship the same as child custody?

As for how legal guardianships and child custody issues may be similar, both subjects are primarily concerned with the well-being and legal protection of a child. Like the parents in a child custody arrangement, legal guardians can also be granted the authority to retain physical and legal custodial rights over a child.

Be Detail Oriented

It’s important for you to understand that the more information lawyers have regarding the details of your case - starting on day one - the more effective they will be in the long run. Bring anything and everything with you that could potentially be relevant to your case, even if you aren’t completely sure that it will be helpful.

Gather As Much Documentation As Possible

The exact documents your personal injury attorney will need will vary based on your lawyer’s preferences and the nature of your case. There are, however, some basic things you can bring with you to make your consultation go smoother.

Know What To Expect

The first time you meet with a lawyer will be more of an exploratory session than anything else. After this first meeting, your lawyer will need time to go through all the details of your case, including injuries, damages, and cost of medical treatment, before assessing a realistic compensatory value to shoot for. Be patient.

When is a guardian required?

A guardian is required when an individual has suffered such a catastrophic injury, illness, or is otherwise so disabled that that adult individual is unable to make responsible decisions concerning medical, legal, and financial needs and manage daily affairs.

What are the duties of a guardian?

The typical responsibilities and functions of a guardian#N#can include the following: 1 Applying for government benefits (Social Security Disability; Supplemental Security Income; and state medical benefits); 2 Making arrangements for healthcare; 3 In an injury case, retaining an attorney to investigate the cause of the accident and seek all insurance proceeds; 4 Instituting legal actions to protect the incapacitated person’s rights against insurance companies, parties who caused an accident, or against the school district for failing to provide the required educational programs for minor children; 5 Advocating for the incapacitated person’s rights and best interest; 6 Safeguarding the incapacitated party’s finances; 7 Keeping records of all financial transactions; 8 Opening bank accounts and writing checks; 9 Legally refusing or limiting access to an incapacitated party’s medical records in order to protect the individual’s rights to continue to receive healthcare and insurance benefits; 10 Giving authorization for inspection of medical records by signing a release for medical information such as public assistance, workers’ compensation, social security disability, Medicare/Medicaid, health insurance or otherwise; and 11 Consulting with treating doctors and make decisions regarding proper medical treatment and placement, if necessary.

Can a parent be appointed guardian of a minor?

However, generally, it is not necessary for a parent to petition to be appointed the guardian for a minor. Parents are the guardians of their children until they reach the age of majority (typically 18 years of age). It only becomes necessary for a parent to file for guardianship after a child reaches the age of 18.

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Gathering Documents to Show to a Child Custody Attorney

The child custody attorneys will find it helpful if you bring several documents with you, such as:

Questions to Ask

It's helpful to collect your thoughts before you head out to your first initial consultation with a child custody attorney. Write them down on paper and bring them with you. You don't want to forget to ask something. Also bring some writing material so that you can jot down the answers.

Your Ideal Child Custody Lawyer

It is a worthwhile practice to consider what qualities your ideal child custody lawyer would have. That way, you'll recognize the right one when you meet. Here are some qualities to consider:

What questions should I ask my attorney?

Questions for Your Attorney 1 How long have you practiced in this area of law? 2 How many cases have you handled that are like mine? 3 What was the outcome in those cases? 4 How long does it typically take to resolve cases like mine? 5 What sort of budget should I anticipate for this sort of case, from beginning to end? 6 Do you require a retainer? If so, how much? 7 What additional information, documents, or data do you need from me in order to begin work?

What is an initial meeting with an attorney?

An initial meeting with your attorney is important, not just for exchanging information about your case, but also for building rapport and trust. Commonly, you will first have a short phone call with the lawyer, who will then ask to meet you in person. If you aren't yet certain you plan to use this lawyer, ...

What happens if you don't hire a lawyer?

Be honest. Remember that, even if you do not end up hiring the lawyer, everything you tell him or her during your meeting is generally subject to the attorney-client privilege. (The biggest exception to this, not surprisingly, is if you tell your lawyer that you are going to commit a crime, which information the lawyer may be duty-bound ...

Should I get a second opinion before surgery?

Much like getting a second medical opinion before a surgery, it is common to seek advice from two or more lawyers before committing. The attorney-client relationship is important, and you need to feel comfortable with your choice.

What is retainer agreement?

You may be presented with a contract called a retainer agreement or a legal services agreement. This typically spells out the scope of the lawyer's representation of you, as well as the fees that you will pay. The document is ordinarily a few pages long. The lawyer should explain it to you.

Do I need to wear a suit to a business meeting?

This does not necessarily mean you need to wear a suit, but you should wear the type of attire you would wear to any formal business meeting. This shows the attorney that you are a professional, and are taking your case seriously. Let the lawyer do the talking, initially.

How to become a guardian of an adult?

A Guardian’s duties will vary depending on the adult’s abilities and limitations, but generally will include the following: 1 Ensure the adult’s living situation is safe and appropriate (least restrictive environment) 2 Provide for the adult’s everyday basic needs and safety 3 Make ordinary medical care decisions and arrange for needed treatment 4 Provide for the social, educational, recreational and future needs of the adult 5 Apply for health insurance and other benefits, if needed 6 Advocate for the adult’s legal rights and independence

What is a conservator?

A conservator, also known as a guardian of the estate, is a person appointed by a court or regulatory authority to supervise a person or entity's financial affairs. While guardianship can encompass all personal affairs of an individual, a conservatorship is limited to the management of the property and financial affairs.

What is SDM in disability?

Supported decision making (SDM) allows an individual with a disability to make choices and decisions about their life with the support of a designated person or team of trusted supporters. They can stay in charge but have help when needed. The underlying principle of SDM is that everyone has the right to make choices.

Can a parent nominate a guardian?

A parent may nominate someone to be guardian of their child (whether under 18 or, if disabled, 18 and over). This person will still have to be confirmed by the court after the parent’s death, but is wise to include the nomination in the will so the parent’s preference is known. Designate a standby guardian.

Who Do I Need to Notify About Any Potential Guardianship?

Who Is A Ward? What Questions Will Be Asked Regarding The Ward?

  • As mentioned above, a ward is a person who the court is appointing a guardian to take responsibility for. The most important factor in any guardianship is the ward and what is best for them. As such, the first question will likely be related to why guardianship is necessary. Be prepared to discuss your concerns and the details of the situation, suc...
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Questions Regarding The Legal Guardian

  • Different laws and procedures will determine the legal guardianship process, depending on the state(s) where the potential legal guardian and ward live. Guardianship is a statutory process, meaning that state laws typically apply over federal laws. This is an important note because your guardianship may not be approved if you do not comply with the correct laws. During the initial c…
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What Attorney Do I Need For Legal Guardianships?

  • If you seek to obtain a ward’s legal guardianship, you will need to consult with a skilled and knowledgeable guardianship lawyer. An experienced guardianship lawyerin your area can collect all of the aforementioned evidence and information, as well as advise you on your best course of legal action. Additionally, the attorney can represent you in court at any necessary hearings.
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