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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 which should not be ignored. If you answered ‘yes’ to either question, it may be a good idea to talk with a guardianship lawyer Bozeman, MT 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 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 is not capable of representing 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 make sure 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 are wishing 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 of the essence. We will take the necessary actions to protect the rights and interests of the child or adult. Call a guardianship lawyer Bozeman, MY 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 are contesting a guardianship, please call a Bozeman, MT guardianship lawyer now. 


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 challenges of the justice system 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 located in Bozeman, Montana, to schedule a consultation with our guardianship lawyer to learn more about how we can help you at this time.

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.) A 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 rights of the parents have been terminated, while in situations involving guardianship, the parent may be able to terminate 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 the age of 18. Because guardianships are not always permanent in the way that adoption is, a guardian can petition the court to have a guardianship terminated.

Why would I need to pursue guardianship of a minor?

Our Bozeman, Montana guardianship lawyer shares that there can be a number of 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 are in need of. 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, particularly when there exists mitigating circumstances or a dispute. 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 about how Silverman Law Office, PLLC can assist you at this time.


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.