Springfield Guardianship Lawyer
Guardianship is a legal process that allows the court to appoint an adult to care for a child or incapacitated adult who is unable to make essential decisions or care for themselves. A dedicated trusts and estates attorney can be instrumental in cases involving decisions about medical care, finances, personal care, and well-being, ensuring the child’s best interests are prioritized. Estate planning laws are complex, and understanding your rights and complying with the law is vital for navigating the process successfully. For questions and help with your case, meet with a seasoned Springfield guardianship lawyer.
Guardianship cases fall within two primary categories. The first is guardianship of a minor, which applies to children under the age of 18. Reasons someone may initiate legal action include the death of a parent, unfit parents, or abandonment.
The second category is guardianship of an incapacitated adult and applies to those unable to make crucial decisions regarding finances, medical care, or other personal affairs. Once the judge finalizes the order, the guardian has the legal authority and duty to act in the best interest of the individual they have guardianship over, also called the ward.
If you are navigating these complex legal processes, consulting a guardianship attorney in Springfield can provide essential guidance and ensure the best outcome for you and the ward.
Some examples of the guardian’s responsibilities to the ward include:
The guardians typically have to report to the court and provide updates regarding the individual they are providing care for, their well-being, and financial standing. A Springfield guardianship attorney could help you draft legal documents, prepare for hearings, and handle the legal work to reach a positive outcome.
An interested person files a petition with the probate court in the county where the minor or incapacitated person resides. According to Missouri Revised Statutes § 475.050, the court reviews the petition and considers the individual’s suitability, relationship, and ability to adequately serve the ward. After completing the review, the court holds hearings to decide whether guardianship is necessary and serves the minor or incapacitated adult’s best interest.
If the ward can, the court allows them to express their desires before reviewing the information and issuing a decision. If the probate court judge determines that the individual meets the requirements and that guardianship is necessary, they issue orders appointing guardians and provide an outline of their responsibilities and powers.
In some cases, the court may find a limited guardianship more suitable. If so, it grants the individual limited authority over specific aspects of the ward’s life and may order them to give the ward independence, decision-making abilities, and power.
The end of guardianship depends on the case specifics. For example, if the case involves minors, the arrangement ends when they turn 18. There may also be follow-up hearings, and if the court finds that the ward has regained capacity, it may end the arrangement if it is no longer necessary. During the consultation, a guardianship attorney in Springfield could review state probate laws and answer specific questions.
Legal guardianship allows a trusted person to step in and provide care or make crucial decisions on the ward’s behalf. The court reviews the case thoroughly to determine if the individual is an appropriate fit and will handle their duties in the ward’s best interest.
Call a knowledgeable Springfield guardianship lawyer today to schedule an appointment and get started. Contact us today to review your case.
(417) 708-8900
When you need assistance with a family law matter, get in touch with a capable attorney. A Springfield family lawyer from Anthony Phillips Law Firm, LLC, can help you resolve the matter as amicably as possible while protecting your rights.
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