Adult Guardianship Lawyers in Dover, DE Can Update Your Will and Keep Estate Plans Current

We all love to see our loved ones succeed, but in some cases, this may be difficult for them to do on their own. This is particularly the case if a friend or family member was born with or developed a disability. In such cases, a court may be willing to establish guardianship so that a legally incompetent individual has someone handling their financial and medical matters. If you believe that establishing such a legal relationship would benefit a loved one, an adult guardianship lawyer in Dover, DE may be able to help.

At Schwartz and Schwartz, Attorneys at Law, our law firm has been helping individuals petition for guardianship for years. We understand the complex rules related to this area of law, and we know what courts look for prior to approving such petitions. There are times when this process may be straightforward, but contested petitions and other issues can create problems. This is why you should seek out help from the start. Our team of legal professionals is on standby and ready to assist.

What Is an Adult Guardianship?

A guardianship, also known as a conservatorship, is a legal relationship approved by a court that allows a family member, friend, or professional guardian to make certain decisions on behalf of a legally incompetent person. Guardianships also exist for minor children, but this page focuses strictly on adult guardianships. In cases where such a relationship is deemed appropriate, the Court will grant a person (i.e., guardian) the ability to make medical and/or financial decisions for a legally incompetent person (i.e., ward).

Delaware recognizes several reasons that a person may be legally incompetent. In most cases, it relates to some form of disability. For such a legal relationship to be established, it’s necessary to complete a thorough petition process. This includes submitting a petition along with consent forms from next of kin and an affidavit from the disabled individual’s doctor attesting to the need for guardianship. An inability to receive consent forms may not always disqualify you, however, as even contested guardianships can be approved by the Court.

What’s the Difference Between Contested and Uncontested Guardianships?

A guardianship may be contested or uncontested. The meaning of these terms is fairly self-evident by their name. With uncontested guardianships, the potential guardian will file all proper documentation with the Court of Chancery. The Court will appoint an attorney ad litem who will investigate whether the guardianship is needed and if the petitioner or proposed guardian is qualified to serve as such. If the attorney ad litem believes everything is acceptable, the Court will review their report and typically grant the guardian relationship.

An adult guardianship lawyer in Dover, DE can prove invaluable during this process. However, they’re even more important if a petition is contested. In such a situation, the applicant, the potential ward, or family members may have to argue their case in front of a judge. This can be a particularly stressful process — especially when family members are pitted against each other — but it’s often necessary for the well-being of a legally incompetent individual. Meet with our team of attorneys today to better understand what you might be up against.

Why Would a Delaware Guardianship Be Contested?

There are a variety of reasons that adult guardianship in Delaware may be contested. In most cases, those involved simply have the well-being of their loved ones in mind. Sadly, this isn’t always the case. Greed and a desire for control could motivate an individual to petition for or contest guardianship. Regardless of the underlying motivation, the following are the most common reasons you’ll see these petitions contested:

• The potential ward isn’t actually disabled — at least to the point they’d need a guardian
• Family members may feel a potential guardian has competing interests
• Family members may not trust the petitioner
• Family members do not believe the suggested guardian is reliable and trustworthy
• The potential guardian isn’t qualified to handle the ward’s needs
• The potential guardian has been neglectful in a guardianship role in the past

These are some of the most common reasons a petition may be contested, but they’re certainly not the only potential issues. An adult guardianship attorney in Dover, DE can help you better understand all possible outcomes — including those related to contested petitions — before you make any decisions. Whether you want to establish guardianship or are worried that such a relationship may be harmful, our skilled team of lawyers may be able to help.

Can Your Attorneys’ Fees Be Covered?

Many people find themselves in a position where they believe a loved one would benefit from guardianship, but they’re worried they may not have the necessary funds to hire a Dover adult guardianship lawyer. In such cases, you should know that the Court of Chancery offers the ability to have a petitioner’s attorneys’ fees paid from the assets of the potential ward. An affidavit of fees and certificate of service must be completed and filed with the Court.

If approved, your legal fees can be covered. However, all interested parties must receive the affidavit of fees. If this does not occur, any final order from the Court will include language that specifies that an objection can be raised within 13 days of the affidavit being sent. An attorney at Schwartz and Schwartz can help you submit this paperwork as well. All of this is an understandably complicated process, but we can help simplify the matter.

Contact Our Adult Guardianship Lawyers in Dover, DE Today

It’s heartbreaking when a loved one is unable to take care of themselves in any manner. Fortunately, Delaware law offers protections through guardianship statutes. Due to the potential ramifications of such a legal relationship, though, the process of securing guardianship can be complex. Because of this, it’s always ideal to speak with Delaware civil law attorney to better understand your situation. This will ensure you’re on the right path to establishing a court-recognized guardianship.

At Schwartz and Schwartz, Attorneys at Law, our team of legal professionals understands that difficult decisions often need to be made. When your loved one needs someone to watch after their affairs, it’s important to make sure all your legal documentation is in order. Failing to do so can slow down the process or even result in your request being denied. Contact us today by calling (302) 678-8700 to schedule a consultation with our adult guardianship lawyers in Dover, DE. We’re ready to help your family through this time.