WANT TO SPEAK WITH AN EXPERIENCED GUARDIANSHIP ATTORNEY NEAR LANCASTER, PA, TODAY?
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. You may currently be in a situation where you feel guardianship is the correct course of action to preserve the best interests of someone incompetent, a minor, or otherwise incapable of making decisions for themselves. Orphans’ Courts grant guardianship through a legal process that requires filing a petition and scheduling a hearing or trial. Working with a guardianship attorney near Lancaster, PA, can help with your case, as guardianship is determined on a county level.
The guardianship remains under court supervision where a child is concerned until the child reaches majority at 18. Where an adult is involved, a guardian may be appointed to care for or handle the affairs of a person who is incompetent or incapable of managing their 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 (POA). For starters, guardianship can be created when necessary, versus a POA, which is made in advance of the need. A power of attorney gives you more control. Guardianships also require a court process, and the court oversees all actions taken by the guardian, thus reducing your control. At May Herr & Grosh LLP, our skilled attorneys are here to answer your questions and guide you through the guardianship or POA process from start to finish.
WHAT DOES IT MEAN TO BE A GUARDIAN?
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
- The welfare of the child
The court grants guardianships. If you are seeking to establish a temporary or standby guardianship for a minor child in southeastern Pennsylvania, we’re here to help. You will need an experienced guardianship lawyer 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.
HOW IS GUARDIANSHIP OWING TO INCAPACITY DIFFERENT?
When a loved one or family member is no longer capable of managing their affairs and does 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. The guardian of the person can influence the type of medical care the incapacitated person will receive and how their estate is managed. 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 to the testimony that details the reasons the person in question requires the appointment of a guardian.
HOW WILL I KNOW IF GUARDIANSHIP IS THE RIGHT OPTION?
When you find yourself in a situation where you believe you should obtain legal guardianship of a friend, family member, or minor, you should consult with a guardianship attorney near you before you take any other steps. Your lawyer can help you determine if guardianship is the right choice, and they will assist you in filing the petition at the Orphans’ Court in your county. Do not move forward with any guardianship petitions without the guidance of an experienced guardianship attorney. If you feel you have a case, please contact us to speak with a skilled guardianship lawyer.
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 have everyday duties such as paying bills on time, managing investment opportunities, and dealing with the sale or purchase of a property. In addition, you are required by law to file an annual report each year. There are complex tax and financial concerns that must be addressed.
Guardianship is a responsibility you want to be fully prepared to embark upon. In an estate case, as the guardian of the estate, you may also be responsible for caring for the estate as it was cared for by the previous guardians. If a house requires upkeep, for example, you are expected to care for that home in the same manner it has always been. Speaking with a guardianship attorney near Lancaster, PA, will ensure you are fully prepared for your guardianship responsibilities.
WHY DO I NEED A GUARDIANSHIP ATTORNEY?
Guardianship can be challenging to navigate without the help of a dedicated and knowledgeable guardianship attorney near you. Working with our experienced team means you will have access to some of Lancaster’s more experienced guardianship lawyers, with the skill necessary to help you through your guardianship case.
Our guardianship attorneys at May Herr & Grosh LLP 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 needed to assist you in making the appropriate decisions on behalf of your ward. When it comes to guardianship cases regarding minor children, you can count on our attorneys to ensure that the child’s interests are protected to the full extent. Do not hesitate—speak with one of our guardianship lawyers today.