Guardianship: A Proactive Approach
Michael Doolittle P.C.
At Michael Doolittle P.C., family comes first. Our firm works with clients to take the right steps for their loved ones.
What Is Guardianship?
Guardianship is the legal authority to care for someone unable to do so themselves. A person serving as a guardian is appointed by a court or will to make decisions on behalf of another person.
Why Would Someone Need Guardianship?
Guardianships can be beneficial for a variety of reasons. One of the main reasons for guardianship pertains to incapacitated adults. If an adult is deemed unable to make sound decisions for themselves by a qualified professional, an individual may be able to assume guardianship. Per the law, guardianship rights are granted only as necessary and should not encompass any entities that are still capable of being managed by the individual. This is known as the “least restrictive alternative” and is intended to maintain the charge’s independence as much as possible.
Guardianship can also be utilized to establish care for a young child and take on the responsibilities of a parent. This might occur should parental rights be terminated, the home environment is found unsuitable, or when a minor is subject to any form of abuse or neglect. Guardianship would be used to protect children in these circumstances by appointing an appropriate individual to provide safe and stable living conditions.
What Type Of Decisions Are Made By Someone With Guardianship?
Guardianships can grant the ability to make decisions regarding the health and well-being of an individual. A guardian might be given legal authority and responsibility over an array of duties such as:
- Basic personal management
- Lodging or residence
- Medical care
- Health maintenance (i.e. dentist and doctor appointments)
- Social and emotional needs
- Paying bills
How Does An Attorney Help With Guardianship?
There are several ways in which an attorney can assist during the guardianship process or when proactively establishing guardianship. An attorney can ensure that a guardianship clause is included in your will and that your interests are protected.
Additionally, if a guardianship was not pre-established in a will, an attorney can help individuals who might need to seek guardianship for a family member. The process involves courts, documentation of incapacity, completion of an online course, and a background check among other requirements. An attorney can ensure that the process is not burdensome and that the proper reports and petitions are filed as necessary.
When it comes to guardianship for minors, an attorney can assist with filing the petition for guardianship, collecting evidence of unsuitable living conditions if needed, prove the petitioner is qualified and capable, and provide reports to the court as required by law. The process can be quite tedious, but a legal expert can reduce the stress of it.
Why Is Michael Doolittle The Right Legal Guardianship Attorney For Me?
Michael Doolittle P.C. is a firm known for providing legal expertise and compassionate support to those in need. The firm has earned their reputation by providing consistent, dedicated representation for families of Boise, Idaho and surrounding areas and would love the opportunity for a new testimony.
Schedule A Consultation Today!
If you have questions for a family lawyer for guardianship, consult with an attorney from Michael Doolittle P.C. Our family law firm will work alongside you to efficiently address and navigate the guardianship process. If you are located in or near Boise, Idaho, call (208) 701-6644 for a consultation.
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