Sioux Falls Guardianship Lawyers
Protecting the Child’s Best Interests
In most situations, the court will appoint a guardian for minors whose parents have passed or are unable to provide adequate care. In other cases, a court may appoint a guardian for an adult with mental disabilities. The Sioux Falls guardianship attorneys at Ver Beek Law help our clients establish guardianship.
We encourage you to contact our office at (605) 250-2227 to learn how we can help with your guardianship situation.
The court gives authority to a guardian to act on behalf of the protected person, or the person in need of a guardian. This authority is generally over making personal and healthcare decisions for the protected person. The extent may vary, and the court may decide to give the protected person the right to make certain decisions when the person has the capacity to do so.
How Courts Establish Guardianship
When an individual lacks the capacity to meet his or her own personal care, health, and safety needs without assistance the court may appoint a guardian.
A court may set up a guardianship for:
- a child in an abusive home;
- an inheritance left in the name of a minor;
- a disabled person over the age of 18; or
- a sick, injured, or elderly person unable to manage his or her affairs.
The court selects a person as guardian who will act in the best interests of the ward. A guardian is often chosen for minor children when parents create an estate plan. If there is no provision for guardianship in an estate plan, it is up to the court to appoint one.
The Process for Appointing a Guardian
The first step in becoming the legal guardian of another person is to file a petition with the court. The petition must explain the need for the guardianship and certain documentation must be submitted, including an evaluation from a doctor or psychiatrist and a financial statement of the protected person’s resources.
Once the court accepts the petition, they review the document and decide whether the party seeking guardianship is capable of the responsibility. The person may have legal representation and has the right to contest the guardianship or the appointment of a specific guardian. Our Sioux Falls guardianship lawyers can guide you through the process and ensure the meeting of all legal requirements.
Get Advice from a Guardianship Attorney
If you are interested in becoming a guardian, you need an experienced lawyer to help you navigate the process. Our guardianship attorneys in Sioux Falls understand that the process can be confusing and overwhelming. We educate our clients every step of the way, explain the legal process, and work with you to achieve your goals.
Honest & Straightforward
We pride ourselves on being trusted advisors. If we feel pursuing something could negatively impact your case, it's our job to let you know.
Legal matters can impact many areas of your life; therefore, we help our clients identify potential snares and give them the tools they need.
No case is the same. We take the time to listen to our clients and really understand their goals and the future they are trying to build.
You can be confident our attorneys and staff have the experience and knowledge to help you make the right decisions with your legal matter.