Guardianship

Guardianship is a legal relationship established when a person is unable to care for themselves or manage their affairs. At Digby Family Law, we help you navigate the guardianship process, whether you’re seeking to protect a minor child, an elderly loved one, or an adult with special needs. Our compassionate legal team ensures that the right person is appointed to provide the care and support that your loved ones need.

Understanding Guardianship 

What is Guardianship?

Guardianship is a legal arrangement in which a court appoints an individual (the guardian) to care for and make decisions on behalf of another person (the ward), typically a minor child or an adult who is unable to make decisions for themselves.

When is Guardianship Necessary?

Guardianship may be necessary in situations such as:

  • A child’s parents are unable to provide care due to illness, incarceration, or other circumstances’.
  • A minor needs a legal caregiver due to the death or incapacity of their parents.
  • An adult with disabilities requires assistance with personal, medical, or financial decisions.

Types of Guardianship

Provides care, housing, education, and medical decisions for a child when parents are unavailable or unfit.

Grants authority to manage personal, medical, and financial affairs for an incapacitated adult.

Short-term solution for emergencies or specific needs.

Long-term arrangement when the ward is unlikely to regain the ability to care for themselves.

How to Establish Guardianship

The process typically involves:

  1. Filing a petition with the court.
  2. Notifying involved parties, including parents or relatives.
  3. Attending a court hearing where a judge evaluates the case.
  4. Receiving a formal court order granting guardianship.

Guardianship vs. Adoption

Unlike adoption, guardianship does not terminate parental rights, and it may be temporary. Parents can retain some rights and responsibilities, whereas adoption permanently transfers all parental rights to the adoptive parents.

Need Legal Assistance?

Navigating guardianship laws can be complex. Our experienced team is here to guide you through the process and ensure the best outcome for your loved ones.

Contact Us Today for a Consultation!

In need of assistance?

Our knowledgeable team at Digby Family Law, PLC welcomes the opportunity to assist you.

Contact us today via our online form or by phone at 615-997-3741 to schedule a consultation.