TALK WITH A GUARDIANSHIP ATTORNEY AT OUR LAW OFFICES NEAR YOU
Sometimes referred to as a conservatorship, guardianship is a legal relationship created to protect the interests of a minor child or an adult who has become incapacitated. The Orphans Courts grant guardianship through a legal process that requires the filing of a petition and the scheduling of a hearing or trial.
Where a child is concerned, the guardianship remains under court supervision until the child reaches majority at 18. Where an adult is concerned, a guardian may be appointed to care for or handle the affairs of a person who is incompetent or incapable of managing his or her own affairs. In either case, guardians are not permitted to benefit at the expense of the individuals they care for, known as wards.
There are several differences between guardianship and power of attorney. For starters, a guardianship can be created when necessary versus a POA (power of attorney) that is created in advance of the need. Guardianships also require a court process, and the court oversees the interaction of the guardianship reducing your control. A power of attorney gives you more control.
At May Herr & Grosh LLP our skilled attorneys are here to answer your questions and guide you through the guardianship process from start to finish.
The need to seek guardianship of a minor child can occur for many reasons, but the paramount concern is the welfare and protection of the child in question. Guardianship is intended to protect the legal rights of a minor child and allow the guardian to assume the duties of a natural parent such as:
- Medical and emergency medical attention
- School enrollment
- Application for financial support
- Psychological attention
- Vacation and travel planning
- Welfare of the child
Guardianships are granted by the court. You will need an experienced guardianship attorney to prepare the proper documents and help you present evidence or testimony to explain your reasons for seeking guardianship for the child.
The attorneys in our law office in downtown Lancaster can help you through every phase of the guardianship process from drafting the proper documentation to presenting your case in court.
If you are seeking to establish a temporary or standby guardianship for a minor child in southeastern Pennsylvania, we’re here to help.
GUARDIANSHIP OWING TO INCAPACITY
When a loved one or family member is no longer capable of managing their own affairs and did not create a power of attorney, their loved ones will need to file for legal guardianship to make decisions for them. Guardianship is designed to allow one family member to make decisions for another who is mentally disabled or incapacitated.
Because the power to make legal decisions on another person’s behalf has a significant impact on their life, a legal guardian must be appointed by a judge.
The experienced attorneys at May Herr & Grosh LLP can help you through the guardianship process—from preparing all the needed paperwork to petitioning the court for guardianship, and presenting evidence and testimony that details the reasons the person in question requires the appointment of a guardian.
As a legal guardian, your responsibility is to manage the affairs of your ward. Guardianship responsibilities include making emergency and non-emergency medical decisions on their behalf. They also include everyday responsibilities such as paying bills on time, managing investment opportunities and dealing with the sale or purchase of property. In addition, you are required by law to file an annual report each tax year. There are complex tax and financial concerns that must be addressed.
Our guardianship attorneys can represent you by helping prepare and file all the related legal and financial information. Our extensive experience in estate planning and elder law gives us the knowledge to assist you in making the appropriate decisions on behalf of your ward.