Guardianship
Legal Guidance for Guardianship Proceedings
When an individual is unable to manage their own personal or financial affairs due to incapacity or age, a legal guardian may be appointed to make decisions on their behalf. Whether you are seeking guardianship for a minor child or an adult who has been deemed incompetent, The Walls Law Group can assist with the legal process.
Guardianship decisions can be emotionally challenging, but having the right legal support ensures that the best interests of the individual are protected.
What is a Guardian?
A guardian is a person appointed by the court to manage the personal or financial affairs of an individual who is unable to do so independently. This applies to:
Minors who do not have a legal parent to care for them
Adults who have been legally deemed incapacitated and unable to make decisions for themselves
A guardian is typically:
A family member
A trusted friend or neighbor
A professional guardian appointed by the court
Types of Guardianship
Guardianship for Incapacitated Adults
If an adult is unable to make informed decisions due to a medical condition, disability, or cognitive impairment, a court may appoint a guardian to oversee their personal and financial affairs.
Before guardianship is granted, the individual must be legally declared incompetent by a court. If no prior legal arrangements—such as a power of attorney or living trust—exist, a guardian is often necessary to ensure that the individual’s well-being and assets are protected.
Guardianship for Minors
In cases where both parents are deceased, parental rights have been terminated, or a minor receives a financial inheritance, the court may appoint a guardian. This ensures the child is cared for and that any inherited assets are managed responsibly.
The Guardianship Process
The legal process for obtaining guardianship includes:
1. Filing a Petition
A legal request is submitted to the court to establish guardianship.
2. Medical or Competency Evaluation
For adult guardianship, medical professionals may assess the individual’s ability to manage their affairs.
3. Court Hearing
A judge reviews the case, hears testimony, and determines if guardianship is necessary.
4. Guardian Appointment
If approved, the guardian is given legal authority to make decisions on behalf of the individual.
5. Ongoing Maintenance
The guardian must act in the best interests of the ward and comply with all legal obligations, including filing reports with the court.
How We Can Help
Guardianship is a serious legal responsibility that requires careful planning and legal compliance. The Walls Law Group provides guidance for:
Filing guardianship petitions
Understanding legal responsibilities as a guardian
Court procedures
Managing financial and healthcare decisions for a ward
Our attorneys offer compassionate legal support to help families make informed decisions about guardianship.
Get Legal Support for Guardianship
If you need to establish guardianship for a minor or an incapacitated adult, The Walls Law Group is here to help.