What Does a Guardianship Lawyer Do?

Planning ahead to protect your loved ones—especially children or family members who can’t care for themselves—is one of the most thoughtful and responsible steps you can take. Whether you're naming a guardian for your children or need to take legal responsibility for an incapacitated adult, the process can be complex and emotionally challenging. This is where a guardianship lawyer becomes essential.

At Doane & Doane, our experienced attorneys specialize in guardianship law. We guide clients through every step, from initial planning to court proceedings, making sure your loved ones are legally protected and your wishes are carried out.

What Is Guardianship?

Guardianship is a legal arrangement where a court appoints an individual to care for another person, known as the ward. This legal authority gives the guardian the right to make decisions on the ward’s behalf—covering areas such as healthcare, living arrangements, education, and financial matters.

Wards are typically minor children, seniors with cognitive impairments, or adults with disabilities who are unable to manage daily responsibilities or make informed decisions. A guardianship lawyer helps you understand your responsibilities and navigate the legal process to ensure that your loved one receives the care and support they need.

Types of Legal Guardianship

There isn’t just one kind of guardianship. The type that’s right for your situation depends on the ward’s needs. A qualified guardianship lawyer will help determine which of the following is most appropriate:

1. Full (Plenary) Guardianship

This type of guardianship gives the guardian total control over the ward’s personal, medical, and financial decisions. It's typically used when the ward cannot manage any aspect of their life independently.

2. Limited Guardianship

In a limited guardianship, the court grants the guardian authority in only certain areas—such as healthcare or housing—while the ward retains control over other aspects. This is often used when a person can handle some responsibilities but needs assistance with others.

3. Co-Guardianship

Co-guardianship involves two individuals sharing guardianship duties. This is helpful when the ward’s care requires teamwork, such as when managing both medical and financial needs.

4. Temporary Guardianship

Temporary guardianship is granted for a short period, usually during emergencies or specific situations like hospitalization. Once the situation stabilizes, the temporary guardianship may end or be reevaluated.

5. Estate Guardianship

This role focuses solely on the financial aspects of the ward’s life. The estate guardian is responsible for managing income, paying bills, handling investments, and protecting the ward’s financial interests.

6. Guardian Ad Litem

Appointed by the court, a guardian ad litem acts in the best interest of the ward during legal proceedings. This is common in child custody cases or during contested guardianship hearings.

Key Responsibilities of a Guardian

The specific duties of a guardian depend on the scope of guardianship granted, but all guardians are legally and ethically obligated to act in the best interests of their ward. Typical responsibilities may include:

• Making healthcare decisions

• Determining living arrangements

• Ensuring the ward’s personal needs are met

• Managing finances and property (if applicable)

• Keeping accurate records and reporting to the court as required

A guardianship lawyer can help you fully understand these responsibilities and ensure you're fulfilling them properly.

Why You Need a Guardianship Lawyer

Establishing guardianship is more than just filling out paperwork—it’s a serious legal commitment. A skilled guardianship lawyer can make the process much easier, helping you avoid mistakes and delays while ensuring that your ward receives the appropriate care and legal protection.

Here’s how a guardianship attorney can assist:

1. Guidance Through Legal Procedures

Guardianship involves court petitions, hearings, and sometimes evaluations. A lawyer walks you through the entire process, ensuring you meet all legal requirements and deadlines.

2. Creating a Legally Sound Plan

A guardianship lawyer can help you draft clear, enforceable documents that outline who will care for your children or loved ones in case of illness, incapacity, or death.

3. Representation in Court

If someone contests a guardianship, a lawyer will represent your case and protect your interests. This is especially important in family disputes or when multiple parties want to be appointed as guardian.

4. Support for Existing Guardians

If you're already a guardian, a lawyer can help you stay compliant with the law by offering ongoing legal advice and assisting with court reporting or reviews.

5. Planning for Special Needs

If your child has special needs or if you care for someone with long-term disabilities, your guardianship lawyer can help you set up a plan that includes future care, special needs trusts, and other legal protections.

When Should You Hire a Guardianship Lawyer?

You should consult with a guardianship attorney if:

• You’re a parent making guardianship arrangements for your children

• You want to care for an elderly or incapacitated loved one

• You’ve been named a guardian and need help understanding your role

• There is a family disagreement about who should be the guardian

• You need to change or end an existing guardianship

Getting legal advice early can make a huge difference in how smoothly the process goes and how protected your loved one is.

Why Work With Doane & Doane?

At Doane & Doane, we understand the emotional and legal weight that comes with guardianship decisions. Our team of experienced guardianship lawyers takes the time to understand your family’s unique circumstances and helps you build a plan that ensures your loved one’s needs are met—now and in the future.

Whether you’re seeking guardianship of a minor child, an aging parent, or an adult with disabilities, we’ll guide you through the legal process with compassion and professionalism.

We offer:

• Personalized legal advice tailored to your situation

• Complete handling of guardianship paperwork and court filings

• Representation in contested guardianship cases

• Long-term care planning for individuals with special needs

• Ongoing legal support for guardians

Secure Your Family’s Future With the Help of a Guardianship Lawyer

Choosing the right guardianship lawyer is one of the most important steps you can take to protect the people who matter most. From setting up legal guardianship for your children to helping care for an elderly family member, a lawyer ensures your decisions are legally enforceable and made with your loved one’s best interests in mind.

📞 Contact Doane & Doane today to schedule a consultation with an experienced guardianship attorney. Let us help you secure peace of mind and create a plan that truly protects your family’s future.