What is a Law Guardian?
A law guardian is a person who has been appointed by the court to be responsible
for the shelter, health, and the necessities of a person who is judged
to be fully or partially incapable of providing these necessities for
him or herself, known as the ward. Guardianship is established to protect
the ward and provide the best and most appropriate care for their situation.
Guardianships are typically instituted when the parents are unable or unwilling
to care for the ward. The court usually prefers to appoint a guardian
from the ward's family, if possible. This is done in an effort to
keep the ward's life as normal as possible and to allow them to continue
relationships with relatives. The court often prefers aunts and uncles
before grandparents, and will then look to siblings or distant relatives
when a guardian needs to be appointed. The court will try to take the
ward's wishes into account, but these are subject the ward's age
and maturity, as the court's first concern is providing for their
safety and material needs.
Legal Representation while Establishing Guardianship
Once a guardian has been assigned, they become an active participant in
the proceedings. They will be served with all documents exchanged during
the proceedings, and will need to participate in any hearings, conferences,
and negotiations, as well as initiate and respond to motion practice and
discovery demands. If you have been assigned to a law guardianship, a
New York child custody attorney may be able to advise and guide you throughout the process. We understand
that this can be a life altering event, and believe that you should be
able to comprehend and confidently participate in the decisions made to
protect your ward.
child custody cases are sensitive, but establishing guardianship can be especially emotional
for the ward and their family. We take pride in providing our clients
with the comprehensive counsel needed for them to feel confident in their
proceedings. When you take on guardianship, you are choosing to do all
in your power to give your ward the best care and protection possible.
The lawyers at our firm are experienced in family law and able to help
you understand the state's guardianship laws and your responsibilities
as a guardian. Eiges & Orgel, PLLC is capable and ready to represent
you as you seek to better the life of your ward.
If you would like trustworthy legal counsel, contact Eiges & Orgel, PLLC