4 Key Roles of a Guardianship Attorney You Should Know

19 January 2023
 Categories: Law, Blog


Guardianship attorneys are an important part of the legal system. They help people make decisions about guardianships, a type of legal arrangement where one person (guardian) is given the responsibility to manage another person's financial, medical, and other personal matters due to that individual's inability or lack of capacity to do so. This includes children, adults with disabilities, and elderly individuals. Guardianship attorneys have specialized knowledge in this area and can provide guidance on the process and requirements for establishing guardianship. With their assistance, those seeking guardianship can be sure their loved ones will receive the best possible care when they cannot take care of themselves.

1. Advice and Representation

The first role of a guardianship attorney is to provide advice and representation to those seeking guardianship of another person. Guardianship attorneys are legal experts who understand the process and requirements, so they can provide guidance on how to properly go about it. They will also explain any laws or regulations that must be followed, as well as any potential risks associated with taking on such a responsibility.

2. Documentation and Filing

The second role of a guardianship attorney is to help create the appropriate documentation and file all applicable paperwork. This includes drafting up a petition for guardianship, obtaining consent from other family members or court-appointed representatives, and filing it in court. The attorney may also handle additional documents related to the case, including medical records, financial statements, or reports that are necessary for guardianship.

3. Court Representation

The third role of a guardianship attorney is to represent their client in court. This includes appearing at hearings, providing testimony, and cross-examining witnesses, as well as filing any motions or petitions that may be necessary for the case. The attorney will also ensure the guardian has sufficient documentation to meet all legal requirements.

4. Negotiations and Settlements

This could include anything from working out an agreement between family members to ensuring all parties understand their rights and obligations under the law. Guardianship attorneys are experienced litigators and can provide valuable advice when deciding how to proceed.

Guardianship attorneys play an important role in making sure those seeking guardianships understand their rights and obligations under the law. They are knowledgeable in this area of law and can provide valuable advice throughout the process. With their help, those looking after another person can be certain their loved one will receive the best possible care.