Guardianship

When is Guardianship Necessary?

Guardianship may be required in situations where a parent or current caregiver is unable or unfit to care for a child or an incapacitated adult. Common reasons for seeking guardianship include:

• A parent is deceased, incarcerated, or otherwise unavailable to care for the child
• The child has been abandoned or is in an unsafe environment
• An elderly or disabled adult is unable to make decisions for themselves
• A special needs adult requires ongoing care and legal protection
• The current legal guardian is no longer able to provide proper care

Guardianship provides legal authority to make decisions regarding healthcare, education, financial matters, and daily care, ensuring that the individual receives the support and protection they need.

The Legal Process for Establishing Guardianship

Because guardianship significantly affects a person's legal rights, the process requires court approval. The typical steps in obtaining guardianship include:

1. Filing a Petition – The potential guardian submits a legal request to the court outlining why guardianship is necessary.
2. Notifying Interested Parties  – Parents, relatives, or other legal representatives must be informed of the guardianship request and may have the right to contest it.
3. Court Investigation – In some cases, the court may appoint an investigator to evaluate the suitability of the proposed guardian.
4. Court Hearing – A judge reviews the evidence, considers testimony, and determines whether the guardianship is in the best interests of the child or incapacitated adult.
5. Final Guardianship Order – If approved, the guardian receives legal authority to make decisions on behalf of the individual.

The process can be complicated, and any mistakes in filing or documentation may result in delays or denial of the request. Our firm ensures that all legal steps are handled properly to increase the likelihood of a smooth and successful guardianship petition.

Responsibilities of a Guardian

Once guardianship is granted, the guardian is responsible for providing care and making decisions on behalf of the child or incapacitated adult. This may include:

• Making medical and healthcare decisions
• Managing financial affairs and legal matters
• Enrolling the individual in school or care programs
• Ensuring daily needs such as housing, food, and safety are met

Guardianship is a serious legal responsibility, and courts may require periodic reports to ensure that the guardian is acting in the best interests of the individual under their care.

Modifying or Terminating Guardianship

In some cases, guardianship may need to be modified or terminated due to changing circumstances. This could occur if:

• The child’s parent becomes able to resume care
• The adult no longer requires guardianship due to improved health or ability
• The guardian is no longer able to fulfill their responsibilities

Our firm assists clients in requesting modifications, transferring guardianship, or terminating guardianship orders when necessary.

Get Legal Help for Your Guardianship Case

If you need to establish guardianship, modify an existing order, or understand your rights as a guardian, Harding Law Firm, LLC is here to help. We provide experienced legal guidance to ensure that guardianship decisions are made in the best interests of those who need protection.

Contact us today to discuss your case and take the next steps in securing guardianship.