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Guardianship Lawyer Bozeman, MT

Guardianship Lawyer - Bozeman, MTGuardianship Lawyer Bozeman, MT

Are you an adult and concerned about the wellbeing of a minor child or disabled adult? Are you getting older and wondering who will take care of you in the event of your incapacitation? These are normal questions, but ones that should not be ignored. If you answered ‘yes’ to either question, it might be a good idea to talk with a guardianship lawyer Bozeman, Montana has to offer. Call Silverman Law Office, PLLC.

Guardianship is a legal process that is overseen by the probate court nearest to your residence. It typically involves an incapacitated adult or minor child who is to be appointed a guardian. The guardian will have a duty to oversee the child’s or adult’s wellbeing and ensure they are properly cared for. Establishing guardianship takes a great deal of thought and effort. It is generally not a process that should be taken without the help of a Bozeman, MT guardianship lawyer from Silverman Law Office, PLLC. 

What is a guardian?

Guardians are persons appointed by the court to assume custody over a child or adult (under special circumstances). It is possible to be granted guardianship over a minor or an adult who cannot represent themselves in legal matters and other critical scenarios. Typically, a guardian makes decisions on behalf of a minor or an adult who has special needs. The period of guardianship may be temporary or long term, depending on the circumstances of the person in need of a guardian. An aspiring guardian can work with our Bozeman, MT guardianship lawyer team to ensure that the necessary steps are taken to better ensure a judge’s approval.

Guardianship in Montana

Witnessing someone you know and love struggle to take care of themselves can be tremendously difficult. You may have a natural urge to help them; however, before you do so, it may be a good idea to take the first legal steps. If you wish to help someone who cannot care for themself, guardianship may be the right choice. 

Guardianship protects incapacitated adults, disabled adults, or minor children. The court will grant guardianship to select applicants who will then have a duty to fulfill various obligations. Some of these may include issues related to the individuals’ health, schooling, estate, finances, government assistance, and so forth. 

As a leading guardianship lawyer in Bozeman, MT, we offer comprehensive, knowledgeable, and strategic legal assistance to those who are interested in pursuing guardianship. Please know that you can feel confident in our services. Rest assured, we understand this may be a sensitive issue, and often, time is essential. We will take the necessary actions to protect the rights and interests of the child or adult. Call a guardianship lawyer Bozeman, MT respects today. 

Who May Benefit from a Guardianship

  • An adult who is disabled
  • An adult with a mental illness
  • An adult who has been rendered incapacitated
  • An adult who has a severe memory problem
  • A minor child who is not being taken care of by their parent(s)

Every guardianship case is inherently unique. Depending on the circumstances of your situation, we will discuss the details of your case, explore your options, and safeguard your rights. Whether you would like to be the guardian of another person or contest a guardianship, please call a Bozeman, MT guardianship lawyer. 

If you are interested in seeking temporary guardianship of either a minor or an adult, please consider contacting the experienced team at Silverman Law Office, PLLC. We can guide you through the legal process as quickly and as smoothly as possible. With the experience and skills of a knowledgeable guardianship lawyer Bozeman, MT residents trust, you can navigate the justice system’s challenges much easier than you would likely be able to do on your own. If you wish to gain guardianship of someone you care about, it’s essential to approach this legal process in a knowledgeable, informed, and intentional way. Contact our office in Bozeman, Montana, to schedule a consultation with our guardianship lawyer to learn more about how we can help you.

What is involved with a temporary guardianship for minors?

A temporary guardianship often lasts no more than six months. Usually, it expires after 60 days though if a court agrees that there is a good cause, it may be extended an additional 60 days. There are restrictions involved with this arrangement, which our Bozeman, MT guardianship lawyer can explain when we learn more about your circumstances. (If the temporary period is not sufficiently long, the guardianship may be approved for a permanent arrangement.) Temporary guardianship of a minor is not uncommon in these situations:

  • The child is the plaintiff in a civil lawsuit.
  • The child is the subject of a custody dispute.
  • The child has a significant mental or physical disability.

Our Bozeman, MT guardianship lawyer, shares that a temporary guardianship for a minor usually ends when the child turns 18, gets married or is legally emancipated.

What is the difference between adoption and guardianship?

Guardianship, adoption, and custody are all terms that are used interchangeably. However, it’s essential to be aware that they all have very different meetings. Adoption and guardianships are both custody arrangements that involve caring for a child that is not biologically your own. However, our guardianship lawyer serving Bozeman, Montana shares that there are fundamental differences. Guardianship can be for a limited length of time, while the adoption of a child is a permanent arrangement that places a child with a new family. When a person adopts a child, it is because the parents’ rights have been terminated, while in situations involving guardianship, the parent may be able to end the guardianship to reclaim custody. Adoption is a more formal and extensive legal process that is permanent. Working with a Bozeman, MT guardianship lawyer when considering these options can prove beneficial in protecting your rights and providing you with the guidance you need.

How long does a guardianship typically last?

Once the court grants guardianship, it can stay in effect until the child reaches 18. Because guardianships are not always permanent in the way that adoption is, a guardian can petition the court to terminate a guardianship.

Why would I need to pursue guardianship of a minor?

Our Bozeman, Montana guardianship lawyer shares that there can be several reasons to consider a guardianship for a minor. In cases where the child’s parent is unable or unwilling to provide safe and adequate care for their child, another party may step in to provide care for the child through guardianship. Another reason that a guardianship may be necessary is if there is no parent available and a responsible party needs to step in to oversee the child’s estate.

What is the process to establish a guardianship?

Our Bozeman, MT guardianship lawyer can assist you in the legal process when pursuing guardianship of a minor. This process can be complicated, and we know that you will have many questions for us based on your specific situation. We can help you to initiate the process by filing a petition for guardianship with the court. In most cases, you will want the approval of the child’s parents to move forward.

Are there different guardianship types that I can choose from? 

Typically there are three types of guardianships for a child:

  • Guardianship of Person
  • Guardianship of a Minor’s Estate
  • Guardianship over a Minor and Their Estate

Why should I choose Silverman Law Office, PLLC? 

Working with our guardianship lawyer in Bozeman, MT can help provide you with the legal guidance you need. At Silverman Law Office, PLLC, we can help our clients in making key decisions regarding guardianship issues. We understand that time is of the essence and that you will need to take action quickly. Silverman Law Office, PLLC is here to help you get started in taking action.

Call Our Firm for a Consultation

Guardianship is often a complex process, especially when disputes arise. Before you start the process on your own, please consult a guardianship lawyer in Bozeman, Montana, as soon as possible. 

If you would like to know more about the process of seeking guardianship, please contact us at your earliest possible convenience. Our Bozeman, MT guardianship lawyer can meet with you to provide more information about this process and how Silverman Law Office, PLLC can assist you.

Pursuing a Guardianship for an Adult

If you are worried that someone in your life is unable to make decisions on their own, their safety and well being could be at risk. They could be vulnerable for exploitation or even harmed, which is a primary reason many may consider taking guardianship of an adult child or elderly parent. You will want to initiate the process as soon as possible to prevent this from occurring. At Silverman Law Office, PLLC, our Bozeman, MT guardianship lawyer is dedicated to helping you pursue guardianship to ensure that your loved one is protected. 

Reasons to Consider an Adult Guardianship

Some instances may call for legal guidance over an adult that is close to you. Not only will you want to ensure that they receive the best care possible, but you will also want to make sure they are not taken advantage of. There are many reasons you might want to consider a guardianship for an adult:

  • Someone is unable to make decisions on their own
  • Your loved one has become incapacitated
  • An incapacitated person will be limited in their ability to function and will need protection from a trusted guardian
  • Safeguard your loved one while giving them as much independence as possible

A guardian will be able to make financial and medical decisions for the person they hold guardianship over. While you may be able to retain other services from social services agencies, different situations might call for adult guardianship. When necessary, you can petition for guardianship with the court to get started. We know that this time may be challenging, our Bozeman, MT guardianship lawyer can get you started. 

Initiating the Process

If it is appropriate to initiate the process, you will need to start by petitioning the court. Much of the time, you will be required to complete training before pursuing guardianship. With our guidance, we can help ensure that you have taken the necessary steps, filed the proper paperwork, and assist in making the process as seamless a process as possible. You will need someone to represent you while also making a case as to why you might need to take on an adult’s guardianship. While we can certainly represent you in the court process, we can also take the time to support you in the period to follow. After guardianship is appointed, you will need to make sure that you complete paperwork in accordance with deadlines to finalize the process. 

At Silverman Law Office, PLLC, we are dedicated to helping our clients to understand their options when considering guardianship over an adult. You must take action soon to ensure that they are protected, and decisions are made with their best interest in mind. We want to help you by keeping the well being of your adult loved one at the forefront. Our Bozeman, Montana guardianship lawyer will work hard to represent you and your loved one and safeguard their care.  

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Fill out the form below to get in touch with our legal team or call Bozeman office at (406) 582-8822 or our Helena office at (406) 449-4829 to talk to someone right away.