what to bring to a lawyer appointment about guardianship

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.).

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What should I do to prepare for a proposed guardianship hearing?

 · Legal documents pertaining to your guardianship and to any lawsuits the ward may be party to. Wills, trusts, or any other documents regarding any inherited assets of the ward. Documents showing ownership and valuation of property held by the guardianship estate. Previous guardianship inventories, accountings, and appraisals prepared for the court.

How can a guardianship lawyer help me?

 · The first step to preparing for a strong guardianship case is hiring an experienced guardianship lawyer. Guardianship is an important role for any individual to take on. It is usually appointed by a probate court, but an individual can petition a family court to become a legal guardian as well. In most situations, a ward is a minor child, a ...

What documents do I need to file for guardianship?

If you were served with legal papers about a proposed guardianship, you should have a document called the “Citation to Appear and Show Cause.” This document will tell you when the court hearing is scheduled.

How do I appoint a legal guardian for my child?

The Child Guardianship Hearing. After filing and serving the guardianship papers, the proposed guardians and the children must appear at a hearing in front of a judge. The parents and other relatives can also attend. The judge will then decide whether to grant the guardianship. Read this section to find out the things you must do before the ...

What does the court consider before appointing a Guardian?

Before appointing a Guardian, the court will consider the Proposed Ward’s preference and give due consideration to that preference.

Who is involved in the process of appointing a guardian?

The court and lawyers are always involved in the process, but there are some other key players you should be aware of when talking about appointing a guardian:

Can a proposed guardian contest a guardianship?

When a Proposed Guardian files an application, the Proposed Ward or any other Interested Person may contest the appointment of the Proposed Guardian. A guardianship application may be contested based on claims that:

Can a person be appointed as a guardian?

A person cannot be appointed as Guardian if their conduct is notoriously bad. It is presumed not to be in the best interest of the Proposed Ward if the person has been convicted of:

How will the proposed Ward's rights or property be protected?

The Proposed Ward’s rights or property will be protected by the appointment of a Guardian

How does guardianship work?

Typically, the guardianship process is started when an Interested Person hires an attorney to assist them in filing an application to appoint a Guardian for the Incapacitated Person. This application contains:

Who is the natural guardian of their own children?

Nearest ascendant (those up the family tree – parents are the natural Guardian of their own children) to the child (the court decides if there are two equal ascendants based on the best interest of the child).

What are the rights and responsibilities of a legal guardian?

Rights and Responsibilities of Legal Guardians. Guardians owe a "fiduciary duty" to the child, which means that guardians owe a duty of trust and must act in a manner that furthers the child's best interests. Both guardians of the person and of the estate are trusted people who will do the right thing for the child.

How to file for guardianship of a child if you are not the parent?

If you're not the parent, you can file a petition requesting that the court appoint you as the child's guardian. If you're filing the guardianship papers yourself, check with your state's family, probate, or surrogate court's website for the appropriate guardianship papers. Take the following steps:

Can a legal guardian travel with a child?

They can make decisions for the child, enroll the child in activities such as sports and music, and travel with the child. Depending on what the court order states, the guardian may travel out of state or out of the country with the child.

Can a guardian raid a child's money?

They cannot raid the child's money or assets. They usually need court permission if they want to move out of their area. A guardian of the person is held to a high standard of raising the child as if the guardian were the child's parent. Legal guardians can invest for the child, and they can hire appropriate people to protect the child's assets.

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

In most states, guardians are U.S. citizens and are at least 18 years old, but in some states that age is 21. The court may approve an adult sibling as a guardian. Usually guardians can't have convictions or have committed child abuse, neglect, assault, abandonment, or other serious crime or family offense.

Who is the guardian of an estate?

A guardian of the estate is a trusted person who takes care of the child's finances, especially if the guardian of the person isn't good with finances or if the child has a large estate. If the guardian of the person can take care of the child's finances, the child may need only one guardian. The ideal guardian is trustworthy ...

How many guardians does a child have?

Sometimes a child will have two guardians, known as a guardian of the person, and a guardian of the estate. A guardian of the person is the guardian who is primarily responsible for raising the child. A guardian of the estate is a trusted person who takes care of the child's finances, especially if the guardian of the person isn't good ...

What documents are needed for guardianship?

Legal documents pertaining to your guardianship and to any lawsuits the ward may be party to. Wills, trusts, or any other documents regarding any inherited assets of the ward. Documents showing ownership and valuation of property held by the guardianship estate. Previous guardianship inventories, accountings, and appraisals prepared for the court.

How to become a guardian of a minor in California?

For example, in California if you are the guardian of a minor you may be subject to both the rules of the Probate Court and the Juvenile Court.

What states have guardianship assistance?

Many states have created their own guardianship assistance division, including the following: Illinois Guardianship and Advocacy Commission. In Utah, guardian training is provided online and you must pass the Utah Guardian Pre-appointment Test before you can apply to be a guardian.

Why is guardianship important?

Guardianship is necessarily a very document- and detail-heavy endeavor because you're taking legal responsibility for the welfare of another human being. Guardians work very closely with the courts in their county or state, and documents are crucial to create a record of the guardianship.

What is the role of a guardian?

Being A Guardian: Documents To Gather. If you're considering the serious role of becoming a guardian, documents pertaining to your assets (and your ward's assets) plus costs for care will be maintained and filed. Guardianship is necessarily a very document- and detail-heavy endeavor because you're taking legal responsibility for the welfare ...

Who is responsible for managing an elderly relative's assets?

Whether you’re the guardian of an elderly relative, a child, or someone otherwise unable to make their own legal decisions, you're responsible for the management and safety of that person's assets. As such, you need to gather every document relevant to the management of these assets.

Who can be appointed as a guardian?

Any person deemed “competent” can be appointed as a guardian, so that could include an adult child/parent, spouse, or friend. It could also be a professional guardian entirely unrelated to the ward.

What is the legal standing of guardianship?

The legal standing for guardianship immigrated over to the U.S. colonies from England and is based on an English statute that’s survived for over 800 years. The state holds the power of parens patriae, “a duty to act as a parent for those considered too vulnerable to care for themselves.”.

How many people are under guardianship?

Guardianship has large potential for issues and consequences given the large quantities of people involved. Currently there over 1.5 million adults who live under the care of a guardian who is either a family member or unrelated professional. These guardians control an immense amount of assets to the tune of $273 billion. It’s also true that in the majority of states there are no qualifications to attain the status of guardian other than taking a course, having not declared bankruptcy recent, and not be convicted felon.

Why do people have guardianships?

Most people assume the role of a guardian for good reason (like caring for a parent), but there are also substantiated cases where victims (largely senior citizens) were subjected to physical abuse, financial theft, and neglect.

Is guardianship dangerous?

Potential Dangers of Guardianship. Guardianship in the U.S. straddles a fine line between protection and exploitation. One of the major tenants of the concept of guardianship is “trust.”. And, it’s true that there are great guardians who certainly work in the best interests of their charges.

Can a guardian be a spouse?

The process is such that a petition is filed in the prospective ward’s state with information regarding the proposed guardian, the guardian and ward’s relationship (if any), and other info on heirs. Any person deemed “competent” can be appointed as a guardian, so that could include an adult child/parent, spouse, or friend. It could also be a professional guardian entirely unrelated to the ward.

What is guardianship in healthcare?

A guardianship deals with non-financial decisions such as where the ward lives and what type of medical care the ward gets.”

How to prepare for a guardianship case?

The first step to preparing for a strong guardianship case is hiring an experienced guardianship lawyer. Guardianship is an important role for any individual to take on. It is usually appointed by a probate court, but an individual can petition a family court to become a legal guardian as well. In most situations, a ward is a minor child, ...

What is the role of an attorney in guardianship?

An attorney will be able to ensure the potential guardian is up to the task as well as demonstrate that to the court.

Who is Jennifer from LegalMatch?

Jennifer joined LegalMatch in 2020 as a Legal Writer. She holds a J.D. from Cumberland School of Law and has been a member of the Alabama State Bar since 2012. She is a certified mediator and guardian ad litem. She holds a B.A. in Criminology and Criminal Justice and a B.A. in Spanish, both from Auburn University. Jennifer’s favorite part of legal work is research and writing. Jennifer enjoyed being a Law Clerk for a distinguished Circuit Judge in Alabama. She is a stay-at-home mom and homeschool teacher of three children. She enjoys reading and long evening walks with her husband.

What is a guardianship lawyer?

A guardianship lawyer can inform you of the process, your rights, and represent you and your interests every step of the way. These cases often involve specific requirements as well as a significant amount of paperwork, which may be overwhelming to a potential guardian.

What makes a guardianship case strong?

Another important issue that makes a guardianship case strong is when the potential guardian can demonstrate why the biological parents are unable and/or unfit to care for their child. For an adult, a potential guardian must show the adult’s incapacity and/or medical conditions to have a strong case.

What is legal counsel?

Legal counsel; The right to attend and hearings and/or proceedings; The ability to question and/or confront witnesses; and. The right to present evidence in court on their own behalf. Similar to minors, guardianship responsibilities for an adult may be split.

Why is it so hard to get a guardian?

In cases where an adult may need a guardian, it is more difficult to obtain because a court may hesitate to deprive an adult of their legal rights and/or powers as a citizen. This type of case requires a higher level of proof that the individual is unable to care for themselves.

What is the document called when you are served with a guardianship?

If you were served with legal papers about a proposed guardianship, you should have a document called the “Citation to Appear and Show Cause.”. This document will tell you when the court hearing is scheduled. The court hearing is when the judge will decide whether or not to appoint a guardian.

How to let the judge know if you disagree with a guardianship?

Anyone who disagrees with a guardianship can let the judge know their concerns by “objecting” to the guardianship. There are different ways to object to a guardianship depending on whether or not a judge has signed an order appointing someone to be the guardian.

How to be considered a guardian?

If you would like to be considered as a potential guardian, you can also petition the court to be considered. You will have to follow all of the steps to file for guardianship (See Filing for an Adult or Filing for a Child) and fill out your own paperwork explaining why you should be the guardian. When multiple people ask to be the guardian, the judge may have to conduct a trial before deciding who to appoint.

How to end guardianship?

Ask the Court to End the Guardianship. If a guardianship is no longer needed for any reason, a person can ask the court to terminate the guardianship. If granted, the guardianship ends completely. See Terminating the Guardianship for more information.

How long does it take to set aside a guardianship order?

Anyone filing this kind of motion must prove to the judge that the order was obtained due to fraud, misrepresentation, mistake, excusable neglect, or misconduct of a party (to name some of the reasons). This motion must usually be filed within 6 months of when the order appointing the guardian was entered. If granted, the judge will “redo” the guardianship proceedings to correct any errors that occurred the first time.

What happens if you oppose a guardian?

A person who is opposed to the guardianship has the following limited options: A person can file a “Motion to Set Aside the Order” if the guardianship order is wrong or unjust.

Can you file an objection to a Guardianship hearing?

You may attend the hearing and raise your concerns in court at that time. If you want to file a written statement about why you are opposed before the hearing, you can file an "Objection" to the Guardianship. There is usually a filing fee to submit this document.

Who must attend a guardianship hearing?

Who Must Attend the Hearing. Anyone asking to be named the guardian must attend the hearing. The children over whom the guardianship is requested , the "proposed protected minors ," must also attend the hearing. Any other relatives or interested persons may attend the hearing if they have anything to share with the judge.

What do you need to do before a guardians hearing?

Make sure all of the following items are completed before the hearing: Serve the Relatives/Agencies and File Proof of Service or Consents.

Who will represent the child in a court hearing?

Prior to the hearing, the Court will appoint an attorney to represent the child (ren). The attorney will be present to represent their wishes. At the hearing, the judge will ask the proposed guardians any questions that the judge might have. If the children are older, the judge may ask them some questions as well.

Why do guardianship hearings not go forward?

Not serving the required relatives and agencies with the Petition and Citation is perhaps the biggest reason that guardianship hearings do not go forward. Make sure you know Who Must Be Notified and make sure you properly Serve the Relatives before the hearing.

What happens after a child is served with a guardianship?

After filing and serving the guardianship papers, the proposed guardians and the children must appear at a hearing in front of a judge. The parents and other relatives can also attend. The judge will then decide whether to grant the guardianship.

What happens after a judge hears from everyone?

After the judge has heard from everyone, the judge may decide immediately whether to grant or deny the guardianship. If the judge needs to hear more before deciding on the guardianship, the judge may set a trial where the judge will hear from witnesses and examine any other evidence.

What to talk about at a lawyer consultation?

At the consultation, be prepared to talk about your case. The lawyer may not too many details of your case before you sign a fee agreement, but you should be prepared just in case.

How to find a good estate lawyer?

Expertise. Specifically, find out if the lawyer will handle a case like yours. Trusts and estates lawyers often specialize in a particular area— in estate planning, probate, trust administration, special needs issues, elder care, or other specific legal issues. You want an attorney who is experienced in the area you need, but not necessarily highly specialized in other areas—otherwise you might end up paying a higher rate for specialization that doesn’t apply to your situation. You could ask how many similar matters the lawyer has handled, or what percent of the lawyer's practice is in the area of expertise that you need.

How to start a relationship with an attorney?

After you decide on which attorney to hire, you’ll sign a fee agreement and officially begin your relationship with your lawyer. The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan. If you think you might get nervous or forget something, you could practice this conversation with a friend, or you could write down what you want to say.

What to do if a lawyer doesn't ask for documentation?

Even if a lawyer doesn't ask for documentation beforehand, it's still a good idea to bring a copy of all relevant documents to the meeting. Spend some time thinking about what you may have on hand. Try to organize the documents in a logical manner before you meet with the lawyer.

What document will prove your authority?

Documents that will "prove" your authority, such as a will or living trust document that names you as the personal representative

What happens at your first meeting with an attorney?

The first meeting with an attorney usually involves the exchange of a lot of information.

Is it expensive to hire a trust lawyer?

Hiring a trust and estates lawyer is almost always expensive. Learn how to save money by hiring the right lawyer, preparing for your first meeting, and making the most of your lawyer's time.