Guardianship Attorneys in Phenix City

Helping Clients in Russell and Lee Counties Plan for the Future

At Benton & Benton, we can help you address imitate needs of a sick parent or loved one, or plan for the future of a child with a guardianship. We have years of experience in estate planning and guardianship services. Our attorneys will work with you to create a plan that meets your unique needs.

Call us at  (334) 509-0785 or contact us online today to schedule a consultation. 

What Is a Guardianship?

A guardianship is a legal relationship where one person (the guardian) is appointed by the court to make decisions for another person (the ward). When a guardian is appointed, they are given the power to decide for the ward. This may be needed for a parent, a minor, or a loved one. 

These decisions may include:

• Medical 
• Financial 

You can establish some authority of a guardianship in advance by creating a durable power of attorney. A power of attorney is a legal document that gives someone else the power to make decisions on your behalf and handles your personal and business affairs. A durable power of attorney is a power of attorney that remains in effect if you subsequently become incapacitated.

When you create a durable power of attorney, you can name a specific person to act on your behalf. If you become incapacitated and a guardian is needed, the court will generally appoint the person named in the power of attorney as the guardian. 

How Can a Guardianship Attorney Help Me?

A guardianship attorney can provide valuable assistance in legal matters related to guardianship, which involves the appointment of a guardian to make decisions for a person who is unable to make decisions for themselves. Here are some ways a guardianship attorney can help:

• Understanding Legal Rights and Options: A guardianship attorney can explain the legal rights and options available regarding guardianship. They can help you understand the different types of guardianship, such as full or limited guardianship, and the responsibilities and powers of a guardian.
• Navigating the Legal Process: Guardianship proceedings can be complex and vary by state. An attorney can guide you through the legal process, including preparing and filing necessary documents, representing you in court hearings, and ensuring compliance with legal requirements.
• Advocating for Your Interests: A guardianship attorney can advocate for your interests and the best interests of the person needing a guardian. They can present evidence, argue your case in court, and ensure that your voice is heard throughout the process.
• Protecting Against Abuse or Exploitation: In cases where guardianship is contested or where there are concerns about abuse or exploitation, an attorney can help protect the vulnerable person's rights and interests.
• Ensuring Compliance with Legal Requirements: Guardianship involves fulfilling certain legal obligations, such as submitting annual reports to the court and seeking court approval for certain decisions. An attorney can ensure that you comply with these requirements to avoid legal issues.
• Mediation and Alternative Dispute Resolution: In some cases, disputes regarding guardianship can be resolved through mediation or other alternative dispute resolution methods. An attorney can represent you in these proceedings and help negotiate a resolution.
• Estate Planning and Long-Term Care Planning: Guardianship attorneys often have experience in estate planning and long-term care planning. They can help you create a comprehensive plan that addresses your loved one's needs and protects their assets.

Overall, a guardianship attorney can provide valuable legal guidance and representation to help you navigate the complexities of guardianship proceedings and ensure the best possible outcome for the person needing a guardian.