What is a Guardianship and When is it Necessary?
A guardianship is required when a person can no longer make decisions for themselves and does not have powers of attorney in place. Through a court process, a guardian is appointed to handle the incapacitated individual’s affairs. Guardianships are typically necessary with:
- Elderly family members who may be the victim of elder abuse. In this situation, an emergency guardianship can be immediately granted, and a follow-up hearing will occur after the family member is out of danger.
- A minor child who stands to receive a large sum of money, often from a settlement or an inheritance. The guardian in this case makes sure that parents or other family members do not squander the money that belongs to the child
Crafting an Estate Plan?
Consider Who is Best to be Guardian
When crafting your estate plan, it is important to consider who may be the best person to serve as guardian for your dependents in the event of your passing. Working with a knowledgeable Montana guardianship lawyer can help you make an informed and confident decision about who to name as guardian. Many clients approach their estate planning with a specific candidate in mind, while others are unsure of who may be the right person for the role. In either case, our experienced team is here to help you determine the best possible guardian for your dependents.
How to Obtain Legal Guardianship of a Minor in Montana
If you are interested in obtaining legal guardianship of a minor in the state of Montana, you will need to complete and submit an official guardianship petition to the local court in the county where the minor resides. The petition must be notarized, and it will require the signature of the minor's biological parents (if applicable) and the signature of the proposed guardian. Once the petition is submitted, the court will review and consider the request. If the court grants the guardianship request, the guardian will be appointed to provide care and make legal decisions on behalf of the minor.
Understand the Difference Between Guardianship and Conservatorship
The main difference between guardianship and conservatorship is that guardianship deals with the care of a person, while conservatorship deals with the management of the person's finances and property. Guardians are appointed to make decisions about the person's health and personal care, while conservators are appointed to manage the person's financial and real estate matters. Guardians are responsible for the physical care and welfare of the person, whereas conservators are responsible for managing a person's financial resources.
Ensure Your Guardianship Process Is Handled Correctly With Tanko Law
If you would like to appoint a guardian for yourself or need to be appointed as someone’s guardian, the experienced attorneys at Tanko Law Office are here to help. Our attorneys can walk you through the process and provide sound legal guidance, including reviewing paperwork before submission and assisting with obtaining the necessary documents. With our help, you can ensure that the guardianship process is handled correctly and with the best interests of your loved ones in mind. Contact us now to schedule your free initial consultation and to receive the assistance you need.