Establishing a Guardianship: 6 Things to Know

by | Dec 26, 2017 | Attorneys

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What is a guardianship?

A guardianship—also called a conservatorship—is a legal process done to appoint a competent adult. The guardian is charged with the care and custody of an incapacitated or vulnerable person, often referred to as the ward, says The Balance. In the case of minors, the guardian holds control over the ward’s resources until such time that the ward reaches adult status. A guardianship attorney in Charlotte is needed to establish the guardianship.

Why is it necessary?

A guardianship is often established in the following situations:

  • The person has a developmental disability. This includes autism, cerebral palsy, down syndrome and more.
  • The person begins to suffer from a mental illness like dementia, senility or Alzheimer’s disease
  • There’s been an accident or illness
  • There’s been a death

What are your duties?

A legal guardian has the power and responsibility to ensure that the ward is looked after. They can make decisions that affect their wards, from their living arrangements to their medical care, education, social activities and more.

How to establish one?

You’ll need the expertise and assistance of a guardianship attorney in Charlotte. Any qualified person can be appointed guardian. If not family is available, though, a professional guardian might be appointed.

How can a lawyer help?

The lawyer can help with the following:

  • Prepare the documents that detail the request to appoint a guardian to the courts
  • Look for a physician or psychiatrist to determine the degree of the ward’s incapacity
  • Provide guidance and assistance every step of the way. If you’re lost in the legal jargon or find it difficult to understand terms and conditions, a lawyer can help.
  • Offer peace of mind. These documents make it easy for parents to ensure their children go to the right guardians in case something happens to them.

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