A guardian is a court appointed individual who is designated to attend to the physical well being or the property of someone; known as the ward, who is not capable of caring for himself or managing his or her own affairs. There are many types of guardianships and the precise legal proceedings to become a guardian can differ. Usually the ward or the petitioner will have a guardianship lawyer in Boise represent them through the process.
Although there are minor differences in the procedures as well as the types of guardianships, generally speaking the petition that will be filed by the individual who plans on becoming the guardian must be filed in the probate court in the county where the potential ward resides. All the documents, which include the actual petition along with the notice that must be given to ward and the family of the ward, have to be filed with the probate court before the request for guardianship can be processed.
Although a guardianship lawyer in Boise is not an absolute necessity during the actual proceedings, the lawyer can be of significant help when the potential guardian is trying to determine which type of guardianship is the correct one under the existing circumstances. There are a number of types of guardianship, which include guardian of a minor child, emergency and temporary. If, for example, the ward is a minor child the proceedings will usually be different than the proceedings for temporary or emergency guardianship. The proceedings for guardianship of a minor normally happen behind closed doors. If the situation is such that a guardian is needed immediately then the lawyer will file a petition for emergency guardianship. When you are represented by a guardianship lawyer you, as the petitioner, will be assured that the process will be followed correctly and all the correct documents will be given to the court to ensure you accomplish your goal.
Once the petition is filed the court will notify the ward and family after which a date will be set for a hearing. If the petition is for emergency guardianship the court will normally hold the hearing within 24 hours even if this means the people involved have yet to be advised. Regardless of when the hearing is scheduled it is a good idea to have a guardianship lawyer in Boise with you as the petitioner as the lawyer can present your reasons for requesting that the court appoint him or her as guardian of the ward.
There are certain complexities associated with petitioning the court for guardianship rights. To fully understand the requirements and to make the petition you will be wise to have a guardianship lawyer in Boise to represent you. You are invited to contact Finch O’Neil Law Office.
