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Guardianship Lawyer
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Understanding Guardianship in Mesa
What Is Guardianship and How Does it Work?
Guardianship is an important part of elder law. A person is appointed as a guardian over an incapacitated adult, often an elderly person who is no longer able to make safe decisions for themselves. This can happen after dementia, a stroke, or other similar conditions. The guardian is then responsible for making all of the decisions related to the person’s well-being. For instance, for medical care, living arrangements, personal safety, hygiene, and end-of-life care. Guardianship is similar to a health power of attorney, but the difference is that a health power of attorney is appointed while the individual is still able to make decisions. A guardian is appointed by the court if no health power of attorney exists once the individual becomes unable to make their own well-being decisions.
Types of Guardianship in Arizona: Finding the Right Solution for Your Family
General Guardianship is the most common type of guardianship appointed for advanced dementia or severe cognitive decline. It gives the guardian full authority to make any and all health and well-being decisions for the elderly person. Typically in these situations, the elderly person cannot and will never be able to make any decisions for themselves.
Limited Guardianship is pushed by the Arizona courts whenever possible due to its flexibility and ability to keep some decision power with the elderly individual as they are able. This type of guardianship only allows for specific areas to be handled by the guardian such as medical care, but not living arrangements or vice versa.
Emergency Guardianship is granted only when there is urgent and immediate risk to the elderly person’s health in Gunderson. This could happen if there is abuse, neglect, or another urgent medical need. Typically this type of guardianship only lasts for 30 days, though it can be extended and can only be used in crisis situations.
Successor Guardianship happens when the original guardian is removed, dies, or resigns. In these cases, a new guardian must be chosen by the court and they must meet all the requirements. Arizona court always prioritizes the elderly person’s independence when possible so the guardian will be chosen with this in mind.
Why Do You Need a Guardianship Attorney In Mesa?
When the difficult time of life happens where a guardian must be chosen for your loved one, it can be a challenging and complex process. You will have to navigate formal petitions, physician affidavits, notices to interested parties, and court hearings. Your attorney can handle all of these aspects, ensuring you meet deadlines and follow proper procedure for the best outcome for your loved one. They will ensure the rights of the elderly person will be protected and if there is any contest to the chosen guardian, your attorney can navigate these conflicts. These reasons and more are why you should have an attorney on your side in your elder law case.
Legal Guidance for Minor & Adult Guardianships
Guardianship is not only for the elderly, but can be for anyone who is unable to safely make decisions for their own well-being. Our lawyers will help you navigate guardianship when it comes to a minor or an incapacitated adult. Make sure they have the care they need. Contact us today to let us help.
Guardianship for Minor Children: Ensuring Their Safety and Well-being
If you have children, it is important to consider appointing a guardian over them until they turn 18. In the event they need care and are without their primary caregiver, the guardian will be the trusted resource for their safety and well-being. Let us give you peace of mind by helping you establish this important role in your child’s life.
Guardianship for Adults: Supporting Incapacitated or Disabled Individuals
If you or someone you know cares for an incapacitated or disabled adult, you should consider establishing a guardian for them. The guardian can make the important decisions that keep the adult safe, healthy, comfortable, and happy. Our lawyers will help you choose the type of guardianship that is best in your situation.
Guardianship vs. Conservatorship in Arizona: What’s the Difference?
Guardianship and conservatorship are both important aspects of elder care that are appointed to make decisions when the elder or adult is incapacitated or unable to make the decisions for themselves. The main distinction is in what each role covers. Guardianship covers personal and medical decisions while conservatorship covers financial and property affairs. While they make decisions about different things, they are both appointed by the Arizona court.
- Guardianship focuses on personal and medical decisions
- Conservatorship focuses on financial and property decisions
- Both guardianship and conservatorship require court involvement
- Court requires annual well-being reports for guardianship
- Court requires annual financial report for conservatorship
- Guardianship is common for dementia, alzheimer’s and mental incapacity
- Conservatorship is common for stroke survivors, or elderly at risk of fraud
- A person can have both a guardian and a conservator at the same time
Guardianship Dispute Resolution & Litigation: Protecting Your Family’s Rights
How to Handle Guardianship Disputes and Challenges in Mesa
Guardian disputes are not uncommon in Mesa. The common disputes involve who should be the guardian, whether or not the person is actually incapacitated, and abuse or neglect allegations. When disputes arise during these decisions, it can help to hire a Mesa elder law attorney. They will help present your position, file motions, and protect the rights and interests of the elder or you as the potential guardian. Some disputes can be resolved through mediation which avoids any type of litigation. Your attorney can walk you through this process and ensure you have the necessary evidence.
Responsibilities of a Guardian in Mesa: What You Need to Know
How to Handle Guardianship Disputes and Challenges in Mesa
If you are the guardian of someone, you have an important responsibility to prioritize their well-being and safety. When disputes arise as to how to handle specific circumstances, you are always to act in the person’s best interest, respecting their voice in the matter and complying with court orders. An attorney can help you through these disputes to ensure rights are protected.
How Our Mesa Guardianship Lawyers Can Help You
Lawyers play an important role in guardianship issues, especially when there are disputes or other complex situations. Your attorney can help you decide if your loved one needs a guardian, they can prepare the necessary paperwork and represent you at the hearings. If the case is contested, your lawyer can represent you and build a defense. Or if you’re concerned about the conduct of a guardian, they can challenge guardianship. Our lawyers at Gunderson Law have years of experience under their belts handling elder law issues and are prepared to represent you through this challenging time every step of the way.
Affordable Payment Plans For Guardianship Legal Services
At our law firm, we believe everyone deserves a chance at quality legal representation, especially when it comes to protecting the older population. Because of this, we offer affordable legal services so you can be confident in your legal decisions without worrying about finances. Let us take a load off your shoulders and work out everything you need for your guardianship so you can have peace of mind knowing your loved one will be taken care of the way they should be.
Full Representation (Traditional)
If you’re needing a lawyer to be with you every step of the way, handling anything that comes up, consider full representation. Our traditional full representation means that there is flexibility as circumstances arise. We will ensure you are taken care of from start to finish and no issue is left untouched.
Full Representation (Fixed Fee)
If you are looking for full representation, but need more of a fixed understanding of the costs, we can work with you to create a plan for full representation for a fixed fee. We want to make sure you have the legal representation you need and finances do not get in the way. Contact us today to find out how we can help.
Unbundled Business Legal Services
Maybe you just need a specific issue handled by our law firm. You might need to set up guardianship, a health power of attorney, family dispute resolution, or drafting a will. We have a wide variety of experience handling these matters and are ready to help you! Trust our Mesa elder law firm today.
FAQs About Guardianship Law In Mesa
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1400 E Southern Ave Suite 850
Tempe, AZ 85282
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