Guardianship is when a court orders someone other than a child’s parent or an incapacitated individual’s loved one to have their custody, manage their property (called “estate”), or both. In situations such as a divorce, the incapacity of a custodial parent, or the death of parents, minor children are often left without a guardian to tend to their well-being. When a parent is terminally ill or dealing with dementia, the child must have a legal guardian to safeguard his interests.
Since this legal realm involves sensitive elements connected to family relationships, individuals seeking a Guardianship Lawyer in Orange County, CA, prefer professionals capable of handling their cases with respect and discretion.
What Does A Guardianship Lawyer Do?
A guardianship lawyer’s primary goal is to help all involved parties navigate the complex legal process of establishing guardianship. This process generally involves filing legal petitions, attending court hearings, gathering evidence of incapacity, and advocating for the best interests of the child or the incapacitated individual.
Here’s a look at what is expected from professional guardianship lawyers:
- Legal Expertise: Guardianship lawyers possess deep understanding of the many intricacies of the guardianship laws and strive to ensure that all legal requirements are met throughout the process.
- Advocacy: These lawyers act as an advocate for the vulnerable individual, representing their interests and ensuring that their wishes are taken into consideration.
- Objective Assessment: They conduct a thorough assessment, including medical evaluations, expert opinions, and gathering evidence to determine an individual’s ability to make the right decisions.
- Guardian Appointment: The lawyers help identify those suited to take up guardianship and ensure that the appointed individual is capable and willing to act in the best interest of the one in need of guardianship.
- Estate Management: In cases where substantial assets are involved, the lawyers may be required to look over the estate to ensure proper financial stewardship.
- Ongoing Support: Guardianship lawyers may also be required to provide ongoing guidance to the appointed guardians to ensure they fill their duties appropriately, within the bounds of the law.
When considering guardianship for a child or an incapacitated individual, it is advisable to seek guidance from an experienced guardianship lawyer. Schlau Rogers LLP can offer the advice you need in Orange County, CA.
