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A guardianship attorney petitions for hearing on the behalf of the person or persons seeking guardianship or conservatorship and are usually a requirement when wanted to set up a guardianship. These lawyers typically specialize in estate planning, wills, and elder law.

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Q: What is the role of a guardianship lawyer?
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Guardianship Lawyer for Adults and Children ?

Guardianship is a legal term that denotes another party having to handle the business of a person that is unable to make decisions in their best interest. Guardianship can involve a child or an adult. If it is an adult that is involved, the court will have to determine that the adult is in need of a guardian. A guardianship is different than a conservatorship. The guardian has authority in making decisions over the person's body. For example, a guardian can make medical decisions for an incapacitated adult. A conservatorship involves a person's money and estate. A guardianship is granted by the court based on evidence from a guardianship lawyer. There are a number of people involved in the court case. The court will hire a guardian ad litem to investigate the case. This person is responsible for gathering evidence that will support the claim that the adult is unable to make sound decisions about their lives. The guardian ad litem will talk to doctors, neighbors, and others that have had involvement with the adult. After the investigation, the court representative will prepare a report for the judge. The report will contain a recommendation for the guardianship or a recommendation against the guardianship. The judge will base their decision on the information in the report and other factors. A guardianship attorney is important in the process. The incapacitated person will be appointed a lawyer, so the person seeking the guardianship also needs to have an attorney. It is the job of the incapacitated person's attorney to prove that the person is capable of handling their own affairs. The lawyer for the other party is responsible for indicating why the person needs someone to handle their business. Some states may combine the guardianship and conservatorship into one appointment, but most states keep these two positions separate. A guardianship may be in response to an emergency situation. In these cases, a temporary order will be issued. A court case will be held later to determine if the temporary appointment of a guardian will continue. Generally, a person has to file a petition for the guardianship. They must go to the court and file papers for this appointment. A guardianship attorney can handle all of the legal steps for you. The process can be arduous and tedious, so hiring a competent lawyer will help the process go smoother. There is no reason to handle this process alone.


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