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Practice Area

Guardianship Attorney

When a loved one can no longer make decisions for themselves — or a child needs a legal guardian — we help families establish the legal authority needed to protect and care for those they love.

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What Is Guardianship?

Guardianship is a court-ordered legal relationship in which one person (the guardian) is given authority to make decisions for another person (the ward) who is unable to make those decisions themselves. Guardianship may be needed for a minor child without living parents, or for an adult who has become incapacitated due to illness, injury, or disability.

Guardianship is one of the most significant legal responsibilities a person can take on — and one of the most important gifts a family can give to a vulnerable loved one. Laura handles these matters with the sensitivity and urgency they deserve.

Guardianship of Minors

  • When parents are deceased, incarcerated, or unfit
  • Grandparent or family member guardianship
  • Temporary emergency guardianship
  • Guardianship of the person and/or estate
  • Coordination with CPS proceedings

Guardianship of Adults

  • Elderly parents with dementia or Alzheimer's
  • Adults with developmental disabilities
  • Incapacity due to accident or illness
  • Limited vs. plenary guardianship
  • Conservatorship of financial affairs
📷 [ Photo: Caring family moment — adult child with elderly parent, or grandparent with grandchild ]

The Guardianship Process

1

Consultation & Evaluation

We assess the ward's needs, your relationship to them, and the appropriate type of guardianship. In urgent situations, we can move immediately to file for emergency guardianship.

2

Petition & Medical Documentation

We prepare the legal petition and gather required medical or psychological evaluations establishing the need for guardianship.

3

Court Hearing

A judge reviews the petition, may appoint a guardian ad litem to represent the ward's interests, and holds a hearing before granting guardianship.

4

Ongoing Reporting

Guardians typically must file annual reports with the court. We help you understand and fulfill your ongoing legal obligations as a guardian.

Alternatives to Full Guardianship

Full guardianship removes significant rights from the ward. Depending on the circumstances, less restrictive alternatives may better serve your family:

  • Durable Power of Attorney — allows a person to designate someone to manage their finances while they still have capacity
  • Healthcare Proxy / Medical Power of Attorney — designates someone to make medical decisions if the person becomes incapacitated
  • Living Will / Advance Directive — documents end-of-life care wishes
  • Limited Guardianship — grants authority only in specific areas where the ward needs help
  • Supported Decision-Making Agreement — allows the person to keep their rights with support from trusted individuals

We help families choose the approach that gives their loved one the most autonomy while ensuring adequate protection. See our End of Life Planning page for more on planning-based alternatives.

Emergency Guardianship — We Can Act Fast

If a loved one is in immediate danger due to incapacity and no legal authority is in place, emergency guardianship can sometimes be obtained within days. Call us immediately if you are facing an urgent situation: (555) 123-4567.

Ready to Protect What Matters Most?

Get a free, no-obligation consultation with Laura today. Available for phone, video, or in-office appointments.

The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this website. Prior results do not guarantee a similar outcome. Laura Winget-Hernandez is licensed to practice law in [State].  |  Attorney Advertising.