Do you have a child or loved one who depends on you to care for them daily? If so, you want to ensure that they continue receiving care if you are no longer able to provide it.

How can you ensure your loved ones receive adequate protection if something were to happen to you? Below, the experienced guardianship attorneys at Rutkowski Law Firm: Asset Protection & Estate Planning discuss the purpose and available types of guardianship options.

What Is Guardianship?

Many people assume that when they pass away, their children will be old enough to care for themselves. However, sudden accidents can happen, so you should always prepare for the worst. The same is true if you are the primary caregiver of a disabled adult.

Guardianship allows you to grant another individual the ability to make decisions and care for someone who cannot care for themselves. This power might include making health-related or financial decisions for the child or incapacitated individual.

What Are the Types of Guardianship?

Different types of guardianship levels exist, allowing you to delegate certain powers.

• Full: Typically, if a child’s parent passes away, full guardianship may be granted to whomever is named in the parent’s will. If the child is over 14, they may protest this action. Full guardianship may also occur if a parent loses their parental rights.
• Temporary: Temporary guardianship lasts up to six months. Generally, the court will appoint a temporary guardian while waiting for the permanent guardian to take over or if the full guardian performs poorly and needs to be replaced.
• Limited: Limited guardianships often occur when each parent battles over custody. This type of care allows one person to act only within specified power limitations.
• Conservatorship: Conservators gain the power to make financial decisions on behalf of a minor or incapacitated adult. Depending on the situation, they may have authority to make decisions on health care as well.

How Is Legal Guardianship Obtained?

Since guardianship is a legal order, a court hearing must review all of the complete documentation. To obtain guardianship, you should start by hiring a guardianship attorney to help you draft adequate documents. After completing the paperwork, the court will rule whether or not the minor or incapacitated person requires a guardian. If they do, you can obtain guardianship.

What Is the Advantage of Hiring an Attorney for Legal Guardianship?

The guardianship process is lengthy and costly. You can potentially avoid delays by putting the proper documents together ahead of time. A guardianship attorney can help you complete legal actions like living wills, trusts, or powers of attorney so that the plan is already in place before your death or incapacitation.

If you do not plan adequately, the court will appoint a legal guardian without knowing your wishes. This ruling may result in the wrong person appointed to care for your child or loved one.

Even if you are currently in the guardianship process, Rutkowski Law Firm: Asset Protection & Estate Planning can help you get all of your affairs in order to make the process as pain-free as possible.

When Should I Start Looking for a Guardian Attorney Near Me?

You should begin searching for a guardian attorney if any of these scenarios apply to you:

• You care for a minor: If you have young children, you want to ensure that you designate a responsible party to care for them if you are no longer able to do so.
• You care for an adult: If you care for an incapacitated adult, they will still require care if you become ill or pass away.
• A loved one recently died: If a close friend or family member who was a guardian recently died, you may be designated to take over their guardian duties.
• Someone you know needs a guardian: If a friend or family member lost their guardian or their guardian is not adequately caring for them, you may want to help them find a new one or file to become the guardian yourself.

Rutkowski Law Firm | Asset Protection & Estate Planning: Protecting Everyone You Love and Everything You Own Through Thoughtful Estate Planning

Making adequate plans for your future is the best way to ensure that your loved ones can live happy and healthy lives after you’re gone. Dealing with the legal guardianship process can be tricky, but a guardianship attorney can help make it easier.

Rutkowski Law Firm: Asset Protection & Estate Planning can help you protect those you love. Our family law firm will work closely with you to provide a custom, comprehensive plan for any of your legal guardianship needs. We keep you informed and educated on how you can plan for a bright future. We work with clients virtually, through Zoom, so you can take care of legal business all from the comfort of your own home.

Call us today at (248) 792-9193, or fill out our online form to schedule a consultation. We serve clients throughout Michigan, including Bloomfield Hills, Rochester, Kalamazoo, Sterling Heights, Port Huron, Macomb, and Detroit.

Copyright © 2022. Rutkowski Law Firm: Asset Protection & Estate Planning. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

Rutkowski Law Firm: Asset Protection & Estate Planning
40950 Woodward Ave #130
Bloomfield Hills, MI 48304
(248) 792-9193
https://rutkowskilawfirm.com/