Lake Charles Guardianships Lawyer

Lake Charles Guardianships Attorney

Sometimes, families in Lake Charles need help making legal choices for loved ones. Guardianship is a heavy process consisting of many delicate decisions. Knowing a loved one is ready for guardianship can be difficult for all involved, as they could feel they are losing the sense of independence they have built for a lifetime. A Lake Charles guardianships lawyer can help you support your loved ones who may have difficulty recognizing the help they need.

Seeing Divorce Through Both Sides

With more than two decades of legal experience, Godley Law Firm firm brings both experience and empathy to family law. Our personal history gives us deeper insight into our work. We bring discipline and grit to every case. Each case matters. Each client gets our full focus.

At Godley Law Firm, our personal history drives our dedicated approach to family law, including guardianship. If you need a guardianship lawyer, reach out to us.

When Guardianship Is Needed

Some people can’t manage their own care. This is especially true for the 11.5% of Lake Charles residents who have a disability. Others can’t handle their money. In those cases, a court may step in and name a guardian. Lake Charles laws allow this for both minors and adults. The court looks at the person’s needs to decide how much help is needed.

Children need guardians when their parents have died. It’s also possible for guardians to stop being able to take care of their children. The court may give one person both personal and financial rights or split them.

Adults may need help when an illness or injury makes them unable to make basic choices. Mental decline from age can also trigger the process. The court does not give out this kind of help lightly. A full hearing is required. Usually, a doctor must say that the adult cannot manage alone.

Types of Guardianship

There are two main types of guardianship under Louisiana law. One handles the person. The other handles the property. They are called different things based on the person under guardianship.

Guardianship over the person allows someone to make choices for their life. This includes where the person lives and their daily care. This includes medical care. This may apply to a child or to an adult with health issues.

Guardianship over the estate gives someone control over money or property. This person handles their financial records and pays bills. Courts sometimes appoint the same person to both roles. Other times, the roles go to two people.

How to File for Guardianship

To start a guardianship case, a person must file a petition with the district court. In Lake Charles, that goes through the 14th Judicial District Court. The person filing should include details about the person needing help.

For adults, the court usually requires proof from a doctor. The proof must explain why the person can’t care for themselves. If there are no medical records, the court might reject the case.

Children don’t need medical proof. However, the court still needs to know why guardianship is necessary.

Once the case is filed, the court sets a hearing date. The person needing help will be notified. They have the right to object with legal representation.

Common Concerns

Many people have concerns about guardianship. These are a few of the most asked questions:

• Parental rights. 6.5% of Lake Charles residents are under the age of five. In these cases, parents don’t always lose their rights when a guardian is named. The court may only limit certain rights, like medical decisions. In some cases, the parent might still have contact with the child.
• Personal input. A judge might still listen to what the child or adult wants. This is especially true if they are older. Adults who are part of interdiction cases also have the right to speak for themselves. They can bring their own lawyer and present medical proof.
• Guardianship vs. custody. Guardianship and custody are not the same thing. Custody usually comes from the family court. It deals with divorce or separation. Guardianship is broader. It can include medical and financial decisions. Courts may use both in some family situations. Regardless, they serve different rules.
• Denying a request. The judge might believe the person doesn’t need help. The request can be denied. This can happen if the person has a working power of attorney or has other help in place.
• Picking a guardian. A judge tries to pick a reliable person. Being a family member is not required to be a guardian. If there is a conflict, the court can pick someone else. There is also an option to assign a public guardian.

Some concerns deal with specific situations. In these cases, it can help to speak with a Lake Charles guardianship attorney for dedicated support in guardianship matters.

FAQs

Lake Charles Guardianships Lawyer

Aging in life comes with many privileges, but it also comes with greater difficulties in asking for help after a lifetime of independence. That, however, is one of the greatest signs of strength. If you or a loved one is ready, legal support can bring relief. Schedule a consultation with the Godley Law Firm for help. Our team uses our knowledge and experience with guardianship to provide our clients with empathetic service. When you need it most, we’re here to help.