If you doubt that love should appoint a guardian, but are not entirely sure if that is possible, it is crucial to know more about which situations require a legal guardian and which do not. Understanding when it is possible to create one can save your family a lot of strife and heartache.
How a guardianship attorney can help in a case of mental illness
If you suspect that someone you love is mentally ill and needs help, it is possible to create a guardianship that will control their medical and financial decisions.
The most well-known case of this is Britney Spears. When she spiraled out of control several years ago, her parents agreed she needed help after she shaved her head and attacked a photographer’s car with an umbrella. Her father petitioned the court and requested that she be granted guardianship. While it’s not quite the same as becoming a trustee, it’s similar (although you should consult an attorney for the specific differences in your state).
This guardianship means that Britney is no longer able to make her own decisions regarding her financial affairs or medical options. It is said that her father saved her life by intervening, but it is unclear whether the guardianship will continue as a long-term position.
How can a guardianship attorney help a minor child?
Situations involving minor children are among the most common. If both parents died without a will, then no one is called a guardian. In these cases, a lawyer can help determine who will be the guardian of the child. It must be legally established through the court to ensure that the adult has decision-making power.
Another condition related to minor children is the inability of parents to take care of their children. This can happen due to negligence, but it can also be the result of military duty. If a parent is deployed, they can create a guardianship to ensure that a responsible adult is available to make important decisions about the child.
How can a guardianship lawyer help the elderly?
If a loved one is getting older and you feel unable to make their own decisions in financial and medical situations, a guardianship can be established. Some older adults need help ensuring they receive appropriate medical care, especially if they have health problems such as Alzheimer’s disease or if they have dementia. Other seniors are particularly vulnerable to financial fraud, and someone acting as a trustee can protect their assets. It can be difficult for older adults to relinquish control of their personal or financial well-being and a lawyer will help families overcome this difficult situation.
If you are not sure if a guardianship attorney can help your family, contact a guardianship attorney in your area. He or she will be able to analyze your situation and let you know if it is appropriate to petition the court to grant a guardian for your loved one.