10 Questions to Ask Your Guardianship Attorney

1. What Are the Different Types of Guardianship?

Guardianship comes in various forms, each designed to cater to different needs. Your guardianship attorney can explain these types, including:

• Full guardianship: The guardian has complete control over decisions.
• Limited guardianship: The guardian only has decision-making authority over certain aspects.
• Co-guardianship: Responsibility is shared among two or more guardians.

The suitable type largely depends on the ward's situation and needs.

2. How Does Guardianship Differ from Power of Attorney?

Although both tools enable someone to make decisions on behalf of another, they're quite different. Guardianship often involves court proceedings, with the judge defining the guardian's responsibilities. In contrast, power of attorney is a voluntary legal document where one person gives another the authority to make certain decisions for them. Your guardianship attorney can discuss these differences in greater depth.

3. What's the Process of Court-Appointed Guardianship?

Appointing a guardian involves several key steps:

• Filing a petition in the appropriate court.
• Arranging for evaluations to determine the need for guardianship.
• Holding a court hearing where a judge reviews the evidence.
• Issuing a court order to appoint a guardian, if approved.

4. What Are a Guardian's Responsibilities?

Guardians are tasked with the ward's wellbeing, and their responsibilities might include:

• Making medical decisions.
• Managing financial matters.
• Ensuring the ward's basic needs are met.

Your attorney can provide more details based on the type of guardianship.

5. Can Guardians Be Removed or Replaced?

Yes, a guardian can be replaced or removed, usually by showing the court that the guardian isn't acting in the ward's best interests, or that someone else is more suitable. Your guardianship attorney can guide you through this potentially complex process.

6. What Legal Rights Does the Ward Retain?

Even under guardianship, a ward retains certain rights such as the right to be treated with respect, the right to privacy, and the right to have their preferences considered. The specific rights retained can differ based on jurisdiction and guardianship type.

7. How Long Is the Guardianship Process?

The duration of the guardianship process can vary based on factors like the case's complexity, the court's schedule, and whether the guardianship is contested. A more precise estimate can be provided by your attorney.

8. What If the Ward Disagrees with the Guardianship Attorney?

If a ward disagrees with the guardianship, they have the right to contest it in court. They can also request a different guardian or ask for the guardianship to be terminated if they can prove their ability to make their own decisions. Your guardianship attorney can guide you through this process if it arises.

9. Can the Ward's Estate Pay for My Guardianship Attorney Fees?

Sometimes, the ward's estate may be used to cover legal fees associated with the guardianship process, but this varies depending on local laws and case specifics. Always consult your guardianship attorney about potential costs and who will bear them.

10. Are There Alternatives to Guardianship?

Depending on the situation, alternatives to guardianship may be more suitable. These could include power of attorney, conservatorship, or a trust. Discuss these options with your attorney to understand their pros and cons.