A guardian is an individual who has appointed by a court, the objective being to look after the physical well being or the property of an individual who is known as a “ward.” A ward is generally a person who for some reason cannot look after themselves or their affairs. The duties and authority of the guardian differs from jurisdiction to jurisdiction as does the legal proceedings that have to be gone through for being appointed guardian in the first place. There are a number of different types of guardianships; guardian of a minor, temporary and emergency are three common forms. A guardianship lawyer in Idaho will usually be involved in the procedure either representing the petitioner or the ward.
In the US it is state law that determines the types of guardianships that are allowable. State law also sets the procedures that must be followed for the petitioner to be appointed the guardian. The general rule is that the petitioner must file a petition for guardianship in probate court in the jurisdiction where the ward is physically located. In order for the court to act on the request to be appointed guardian of the ward in question the state must make the petition and give notice of his or her intentions to the ward and the family of the ward.
A guardianship lawyer in Idaho can be of assistance in helping the potential guardian make a determination of which type of guardianship is best under the prevailing circumstances. If the ward is a minor for example the proceedings might be different because most jurisdictions demand that any matters that relate to a minor must be held behind closed doors. If the situation is such that a guardian is urgently needed then the petition will be of an emergency nature. A guardianship lawyer in Idaho should be a position to assure the client that all of the correct documents and supporting paperwork that is needed is being filed properly.
Once the lawyer has filed all of the necessary information with the court a hearing date is set. If the petition was based on an emergency the hearing will usually be within 24 hours of the filing even if the ward and the wards family have not yet been notified. When the hearing is set, the guardianship lawyer will go with the client into the proceedings and present the views of the petitioner and explain in detail all the reasons why the petitioner wants to be appointed legal guardian of the ward.
As the best interests of the ward must be taken into account, the court will often assign a lawyer to ensure these interests are protected.
If you feel that someone you are close to needs to have a guardian to ensure that his or her best interests are looked after then you will need to hire a guardianship lawyer in Idaho and petition the court. You are invited to contact Finch – O’Neil Law Office, P.A.