Family law consists of comprehensive legal resolutions that provide assistance and relief for complicated matters related to family, divorce, child custody and estate transfer etc. As this aspect of law involves sensitive elements related to family relationships, when you need a divorce or guardianship lawyer, you would prefer those professionals who would handle your case with respect and discretion.
During a divorce or the incapacity of the custodial parent or death of parents etc. often minor children are left without a guardian to take care of their welfare. In cases when the parent is terminally ill or in a state of dementia, the child must have a legal guardian to protect the interests of the child. A guardianship is a legal relationship that has been court supervised and is established for the welfare, protection and benefit of the child, who is referred to as the “ward”. The responsibility would continue until the child reaches the age of maturity.
The guardianship may cease in any the following:
* The ward reaches the legal age of maturity – generally 18 years
* On the death of the ward
* If the guardianship was established by the guardianship lawyer, was secured exclusively for the purpose of handling the assets and finances of the ward are used up
* The court decides the guardianship is not necessary any longer
There are several different types of guardianship that might be provided:
* Limited Guardianship: if the ward can make sound and responsible judgements regarding some aspects of his/her life, the court may appoint a limited guardianship to assist the minor child in other matters where the ward does not have the ability to exercise sound judgement and informed decision making.
* Co-guardianship: if the court requires that two guardians are required to offer additional protection then co-guardianship can be awarded. The court usually makes this decision in the best interests of the ward to prevent the abuse of powers by one single guardian.
* Guardian of Property: the guardianship lawyer may only request on behalf of the party that the court sanctions that the guardian be concerned only with providing management of the ward’s financial resources and monetary assets.
* Guardian at litem: this court appointed guardian is only required in protecting the ward’s legal interests for any litigation or proceedings are brought against the ward.
When you are considering a guardianship for a child or for a close relative that is incapacitated, seek the advice of an experienced guardianship lawyer. Lafayette IN residents can seek advice from local law firms.