Can a Lawyer Be a Guardian: A Prospective Guide
Being a guardian comes off with several responsibilities. Usually, people have their own views of a guardian. So do you. What do you think? Can a lawyer be a Guardian? If your ideas are limited to this thought, expand it! The probate court usually designates the status of guardianship to any individual.
It is primarily due to guardianship being an essential legal duty. Hence a guardian does not have to be someone personal related to you. It can be your lawyer as well! Now, what are the characteristics of a guardian which would determine whether your lawyer can be a guardian for you? Let's find out.
Can a Lawyer Be a guardian For You?
What does a person gain from being a guardian? Attaining the status of a guardianship makes anyone the legal guardian. It provides anyone with the legal right to make any financial, medical, and personal decisions on account of another person.
The person you are deciding for is called being a ward. A ward is typically someone who's the ability to take decisions for themselves is limited. It can often be an individual or child with extreme mental or physical disorders.
In many of the states, a guardianship is regarded as a conservatorship. Anyone willing to be a guardian must have to be over 18. Then he or she may file a petition to the court to be designated as a guardian. Anyone can be a guardian, including a lawyer. It can range from family members, spouses or anyone who is worried about the person's welfare.
Is a Lawyer Qualified to Become a Guardian?
There are many factors involved in filing probate and a probate court decides whether an individual is qualified enough to become a guardian. Which include the following:
- The overall bond between the guardian and the ward
- The types of needs of the ward
- The ward's choice about who should be the guardian if he can convey it
- The guardian's ability to comprehend and meet the ward's needs
- The place where both live
- Past success record as a guardian
- Doubts associated with the guardian's intentions which may not serve the ward's best interests
- The timeframe of the guardianship
- The opinion of the ward's peers and family members about the selection of the guardian
Maximum Duration of a Guardianship of a Lawyer
The span of guardianship is dependent on the judgment of the probate court, keeping the ward's best interest in mind. When the guardianship of a child is appointed, it is usually terminated as soon as the child becomes an adult (18 years old).
During any point of guardianship, especially in the case of limited guardianship, the ward may choose to terminate the custody if the ward feels that the guardian is not required anymore.
The following may also lead to the end of a guardianship:
a) When the guardian resigns
b) When the court decides that the guardianship is not required any longer.
c) The death of the ward.
Some guardianships are short-term, and they are typically limited until a specified time since the start of the appointment. After the specified time has passed, the guardianship is terminated automatically.
How can a Lawyer gain Guardianship?
The procedure to obtain guardianship may change from state to state. The probate courts mostly require the guardian and the ward to attend the hearing. During the hearing, the probate judge will listen to the case made by the related parties and make an overall evaluation of the case. An attorney is likely to represent the ward at the hearing if required.
After evaluating the case at the hearing, the court will determine whether the guardianship should be granted or not. Another major requirement is to file an appointment following the probate court rules.
Keep in mind that the appointment should be filed in the court in the location where the ward resides.Many of the courts made it mandatory for both the ward and the probable guardian to attend the hearing.
How Can A Lawyer File For a Guardianship?
It is by any individual to act following the probate court and complete the process on their own. A right amount of paperwork is involved accompanying the application process in guardianship. A lawyer will not face difficulty in filling that paperwork as it is his part of the job. The lawyer will also be able to dictate the reasons for the necessary guardianship. He may further state why he should be the one to become a guardian. With his professional expertise, he may be able to complete the process with much ease.
As stated earlier, being a guardian is a legal responsibility. Hence it comes with several legal obligations along with the emotional aspect.If you are a lawyer and want to be the guardian for someone, you are rightfully allowed to become one. In this article, we have shown how can a lawyer be a guardian?
Get yourself a clear idea of how you can be a suitable guardian by reading this article. Go through it carefully and note down every factor which may or may not match with you. Figure it out before applying to the probate court or filing the paperwork. I hope this answers the question, "Can your lawyer be the right guardian for you?"