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Estate Planning, Wills and Elder Law
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Guardianship is the formal Court process of obtaining a legal designation and power of legal authority over a person and/or the person's estate when the person is either disabled, mentally incapacitated or a minor child who is not in the custody of a parent and where the parent has either relinquished custody or is physically and/or mentally incapacitated and cannot parent a child for a limited period of time. Guardianship may also be appropriate upon the death of one or both parents, if the living parent is mentally and/or physically incapacitated or incarcerated for a period of time.
In certain instances, pursuing custody rather than guardianship is more appropriate. Guardianship is usually sought for temporary periods of time to provide time for the parent who has been temporarily physically and/or mentally incapacitated or incarcerated to recover and/or rehabilitate him or herself and where the other parent is either unavailable to parent the minor child or deceased. Guardianship is therefore usually considered a temporary legal custody and not a permanent one.
There are two types of guardianship: guardianship of the person and guardianship of the estate, which responsibilities may be executed by the same person. If you are in a circumstance where there is a minor child or a physically and/or mentally incapacitated person in need of a guardian, The Law Firm of Wendy R. Morgan's experienced, compassionate and skilled attorneys are here to assist you.
If you have questions about Adoption or Guardianship, contact The Law Firm of Wendy R. Morgan to schedule your consultation with one of our experienced Family Law Attorneys.
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