When to Hire an Estate Planning Attorney for Guardianship

When Should You Hire an Estate Planning Attorney?

Before Your Dependent Turns 18

• If your dependent is nearing adulthood and will be unable to manage their own medical, financial, or personal decisions, it’s time to start the guardianship process.
• Many legal protections for parents end when the dependent turns 18, regardless of their ability to make decisions. An attorney helps you secure legal authority to continue providing care.

After a Diagnosis

• If a dependent develops a condition or experiences a life change that impacts their ability to make decisions, it may be necessary to establish guardianship. An attorney can guide you through this transition.

During Estate Planning

• Guardianship is a natural part of estate planning for special needs dependents. An attorney can help integrate guardianship into your overall plan, ensuring continuity of care.

If a Current Guardian Becomes Unavailable

• If the existing guardian passes away, becomes incapacitated, or is otherwise unable to fulfill their role, an attorney can help you petition for a new guardian.

The Guardianship Process and Timeline

The process of establishing guardianship varies by state, but here’s a general overview of what to expect:

Step 1: Consult an Attorney

• Meet with an estate planning attorney to discuss your dependent’s specific needs, the type of guardianship required, and the necessary steps.
• The attorney will review state laws and advise on the documentation required.

Step 2: File a Petition

A petition is filed in the appropriate court, requesting guardianship. This petition includes:

• Details about the dependent’s condition or incapacity.
• The proposed guardian’s qualifications.
• Documentation supporting the need for guardianship (e.g., medical records).

Step 3: Notify Interested Parties

State laws often require notifying other family members or interested parties of the guardianship petition. This ensures transparency and allows for objections if necessary.

Step 4: Court Evaluation

• A court-appointed evaluator or investigator may meet with the dependent to assess their needs and the suitability of the proposed guardian.
• In some cases, a hearing is required, where the judge reviews evidence and listens to testimony.

Step 5: Court Approval

• If the court determines guardianship is in the dependent’s best interest, it will issue an order granting guardianship.
• Guardians may be required to take an oath and may need to report periodically to the court on the dependent’s condition and how their affairs are being managed.

Timeline

The timeline for establishing guardianship varies but generally takes 3–6 months. Factors that can influence the timeline include:

• The complexity of the dependent’s needs.
• Whether the petition is contested.
• Court scheduling and state-specific requirements.

Types of Guardianship to Petition

There are several types of guardianship, depending on the dependent’s needs and circumstances:

Full Guardianship

• The guardian has authority over all aspects of the dependent’s life, including medical, financial, and personal decisions.
• Best for dependents who are completely unable to manage their own affairs.

Limited Guardianship

• The guardian has authority over specific areas, such as medical decisions or financial management, while the dependent retains control over other aspects of their life.
• Ideal for dependents who can manage some responsibilities but need help in certain areas.

Temporary or Emergency Guardianship

• Appointed for a short time during emergencies when the dependent’s well-being is at immediate risk.
• Useful when a long-term guardian is unavailable or when urgent decisions need to be made.

Co-Guardianship

• Multiple individuals share guardianship responsibilities, dividing duties based on expertise or availability.
• Common in blended families or when a team approach is beneficial.

Guardian of the Estate (or Conservator)

• The guardian manages the dependent’s financial affairs, including assets, income, and expenses.
• Often used when the dependent can manage personal decisions but not financial ones.

Guardian of the Person

• The guardian is responsible for the dependent’s personal and medical decisions but not their financial matters.

Potential Costs of Establishing Guardianship

The cost of establishing guardianship depends on your location, the complexity of the case, and the attorney’s fees. Here’s a breakdown of typical expenses:

• Attorney Fees:$1,500–$5,000 (or more for contested cases).
• Court Filing Fees: $100–$500.
• Medical Evaluations: $500–$1,500 (if required to document the dependent’s condition).
• Court-Appointed Evaluator Fees: Varies by state, often $500–$1,000.
• Ongoing Reporting Costs: Some courts require guardians to file periodic reports, which may involve additional fees.

For families with limited resources, nonprofits like Morgan’s Caring Connection and other local organizations may offer grants or financial assistance to help cover these costs.

Why Work with an Estate Planning Attorney?

Hiring an experienced estate planning attorney simplifies the guardianship process and ensures all legal requirements are met. They provide:

• Expert Guidance:Attorneys navigate state-specific laws and documentation requirements.
• Customized Solutions: They tailor guardianship arrangements to meet your dependent’s unique needs.
• Peace of Mind: With professional help, you can feel confident your dependent’s future is secure.

Start Planning Today

Establishing guardianship is a critical step in securing the well-being of a special needs dependent. At Morgan’s Caring Connection, we understand the complexities families face and are here to provide support and resources. If you’re considering guardianship, don’t wait—contact an estate planning attorney today to ensure your loved one is protected and cared for in every circumstance.

Visit our website to learn more about how we can assist your family on this journey. Together, we can build a brighter, more secure future. Top of Form