Guardianship Lawyer in Jefferson City
There are generally two types of guardianships in Missouri: guardianships for children and guardianships for adults. A person has to go to court to get guardianship; a person cannot obtain this without a court order. The court’s Letters of Guardianship provide a person the legal power to take care, custody, and control over a minor child or a disabled, incompetent, or incapacitated adult. From his office in Jefferson City, Missouri, attorney Scott Hamblin has represented hundreds of foster parents, grandparents, family members, and adult children as their lawyers in obtaining guardianships over children and adults.
Guardianship Attorney for Children
Foster parents, grandparents, and other family members make up the primary category of people who may apply for guardian rights over children and grandchildren. The Letters of Guardianship, which are issued by a court after a hearing, give power to the guardian to take care, custody, and control over a child when the natural parents of a child are unfit, unable, or unwilling. Guardian rights for minor children might be sought in any number of different circumstances but the list can include situations of abandonment by one or both parents, alcohol or drug abuse by one or both parents, incarceration in jail or prison, mental health issues by the parents, the condition of the living environment of the children, sexual abuse of a child, physical abuse of a child, neglect, and where a parent has been convicted of a sexual offense against the child. A guardianship does not terminate the parental rights of the parents over a child so the parents do have an opportunity to get the kids back, but the guardianship does give the guardian the power to make decisions in the best interest of the children even when the parents may disagree with the decision of the guardian.
Guardianship Attorney for Adults
Spouses, adult children, and other family members may apply for an adult guardianship for their mom, dad, husband, or wife. Adult guardianship is generally sought where the adult is no longer able to physically care for himself/herself, suffers from Alzheimer’s, dementia, or other mental health condition. Generally, two doctors must certify that the adult for whom guardianship is sought is incapacitated, disabled, or the person creates a risk of harm to the public of themselves. Obtaining guardian rights over a parent can be difficult for any number of reasons including that the parent experiences anger, resentment, or a loss of control. Generally, an adult guardianship will involve the ward feeling as if things are being taken from him or her, or that their son or daughter is trying to control them by moving them out of their house into a nursing home or assisted living center, is taking their car away, is denying a person access to their bank accounts.