A legal guardian is a person that has been appointed by the court to care for the physical well being and property of an individual who is not capable of caring for him or herself, this person is considered a ward. The duties and the authority that the guardian has will vary based on the situation as will the legal proceedings that one must go through to become a legal guardian. There are a number of different definitions of a guardian; temporary guardian, guardian of a minor child as well as emergency guardianship. A guardianship lawyer in Idaho will invariably be involved in the process, representing either the petitioner or the ward.
State laws are used to determine what guardianships are available and the procedures that must be followed when applying to become the guardian. In most states the petitioner must file for the right in probate court in the county where the ward resides. A guardianship lawyer in Idaho will help the petitioner deal with all the necessary documentation including the petition and the notice to the possible ward and family of the ward. These documents are the minimum that must be filed with the court to get the process of being appointed in motion.
It is possible for the petitioner to approach the probate court without the assistance of a lawyer but this is not recommended. A guardianship lawyer will be extremely helpful in guiding the petitioner as to what type of guardianship is appropriate under the circumstances. If the ward is a minor for example, the hearings will normally be heard in closed proceedings, this is not the case when the ward is of legal age. If the situation is such that an emergency guardianship is needed then an emergency petition will be filed. When the proceedings are handled by a guardianship lawyer in Idaho then the filings and all the supporting documents to accomplish the goal of becoming the guardian will be in order.
Once the petition is in the hands of the court the proper people are notified that there is a petition. A hearing is then set. If the petition is an emergency the judge may conduct a hearing within 24 hours, regardless of whether the proper people have been advised or not. Regardless when the hearing is held, the lawyer will go with the client to court and present the petitioners reasons for requesting that he or she be appointed the legal guardian.
