What Two Aspects of Guardianship Litigation Do You Need to Consider to Make it Legal? (Part 1)

Guardianship litigation can get very complex, especially when you need to take over guardianship of a loved one you see being taken advantage of by someone else. Many families go through similar circumstances where a family member isn’t getting the proper care they need, whether it be someone elderly or a child. When a family member steps forward to be the guardian, they’re going to need a professional attorney that specializes in guardianship litigation to navigate this complex legal path.

We can provide that for you here at Ford + Bergner LLP. But guardianship is broken into two parts that may require seeking one or the other, or both, depending on your situation. This falls under guardianship of the person and the estate.

Seeking Guardianship for a Person

When filing for this initial category, you’re designating yourself as the one caring for the person in question. And it might look like a fairly simple process, though it’s not necessarily. While it’s a little easier than guardianship for the estate, you still need legal help going through the application process and the hearing.

In the application, we’ll help you fill out the appropriate information, plus gain access to the doctor caring for the person you’ll be guardian to. Getting information from the doctor about the person’s condition is going to be essential in order to prove they need your guardianship in order to function.

Afterward, we’ll help you through the hearing process. When we’re appointed as your attorney, we’re designated an attorney ad litem where we represent the best interests of the guardian and cared for person. This means we’ll be visiting the person you’ll be caring for in the facility or home where they live. We’ll confirm their condition and also confer with them so we can nurture a good working relationship in setting your best interests in motion.

During the hearing, we’ll help you through the bond process. This is a form of insurance policy by the court so the person being cared for can be reimbursed if money is taken from them. You probably won’t have to pay very much if seeking just guardianship of the person, though you’re required to put up more money for guardianship of the estate.

After successfully gaining guardianship of the person, you only have to file annual reports to the court on the condition of the person you’re being guardian to.