Helping those facing with legal issues related to guardianship in St. Charles

 

In certain situations, it may be the case that it is best for a child or someone unable to care for themselves to be removed from the care of his or her parents or other caregiver. Sometimes, this is the result of intervention by the state, such as in cases where abuse or neglect comes to the attention of the Missouri Department of Social Services. In other cases, a concerned relative or close friend may come to realize that it may be best for a child to be removed from his or her home. In this situation, that adult may file a guardianship action in order to request that the court temporarily or permanently terminate parental or current guardian rights and allow that adult to care for the child. These actions must be initiated by an adult, because a child may not sue on his behalf in Missouri. Courts are often hesitant to terminate parental rights and break up families, so it is important for anyone considering pursuing a guardianship action to discuss their case with an experienced St. Charles guardianship attorney. With over 2 decades of experience practicing in family law and as Guardian ad Litem (GAL) in family and probate courts, attorney Kenneth. P Carp has the skill and experience necessary to effectively represent clients seeking guardianship, and works hard to bring each case he handles to a successful resolution. Call (636) 947-3600 today to schedule a free consultation with attorney Kenneth Carp.

Advocating for those seeking guardianship for a variety of reasons

 

A guardianship allows another person to have the legal authority to make decisions on behalf of the other person, referred to as a “ward.” There are a variety of reasons a person may seek a guardianship with respect to another person:

  • You have a child with a developmental disability who is about to turn 18
  • You are concerned about the well-being of a friend or relative’s child
  • You have a parent who is having difficulty making decisions regarding their health or finances
  • You have a relative or friend who is at risk of being taken advantage of by others
  • You know a child or other person who is unable to take care of themselves whose current parents or guardian are abusive or neglectful

btaining a guardianship can involve a significant showing of evidence supporting your position, so it is important for those seeking a guardianship to retain experienced legal counsel to ensure their case is presented in the strongest way possible. Similarly, if you are opposed to a guardianship because you believe that you do not need a guardian or that you are capable of caring for the individual in question, it is equally important to hire an attorney that will advocate on your behalf.

Frequently Asked Questions about Guardianship

When is a guardianship appropriate?

A guardianship for a child may be appropriate if you believe their parents or current guardian is incapable or unwilling to provide them with necessary care. An adult guardianship may be appropriate if an adult relative has lost the capacity to make important medical and/or financial decisions for themselves due to a disability, injury, illness, or degenerative cognitive condition.

Is there anything I can do to avoid a future adult guardianship case?

There are legal tools you can use in the estate planning process that can help avoid the need for a guardianship case in your future. For example, if you have documents in place such as a durable power of attorney and/or health care directive, you can designate someone to make decisions for you and, therefore, you should not need a separate guardian. It is important to discuss such planning with an experienced estate planning attorney.

What if someone is trying to fight against the guardianship?

There are many cases in which someone tries to challenge the need for a guardianship. Challenges can be brought by an adult who does not want to become a ward and thinks they can make their own decisions or by parents trying to retain rights to raise their child. In addition, outside family members can challenge either the need for a guardianship or whether a specific person is the best choice to be a guardian.

What if I do not believe that a guardianship is appropriate?

If you are wanting to challenge a guardianship, it is critical to call a highly experienced guardianship attorney as soon as possible. These cases can involve a significant amount of medical and circumstantial evidence and you should always have skilled representation.

How long does a guardianship last?

A legal guardianship lasts for as long as it is needed. For example, for an older adult with Alzheimer’s, a guardianship will likely last the rest of their lives. For an adult who is seriously injured in an accident, a guardianship may be terminated when they regain the ability to care for themselves and make decisions. For children, a guardianship may be terminated if parents prove they are capable or if the child turns 18 and can care for themselves.

How Missouri and Illinois Guardianship Lawyer Kenneth Carp can Help

No matter what your situation may be, the guardianship process is complex and often challenging. The good news is there are many different ways that a dedicated guardianship attorney can help you. When you call the Law Offices of Kenneth P. Carp, you can expect to receive the following and more:

  • An evaluation regarding whether guardianship is right in your situation;
  • Assistance filing a petition for guardianship with the courts;
  • An assessment of the evidence needed to demonstrate incapacitation of an adult or unfitness of a parent;
  • Advice if you are trying to fight against a guardianship and protection of your rights;
  • Representation in all court proceedings;
  • Filing of all necessary documents with the court;
  • Assistance if a guardianship is no longer needed.

Contact a St. Charles Guardianship attorney today for a free consultation

Whether you are seeking or fighting a guardianship action, you should consult with an experienced St. Charles family law attorney as soon as possible to maximize your chances of obtaining a favorable result. To schedule a free consultation with attorney Kenneth Carp, call our office today at (636) 947-3600.

At The Law offices Of Kenneth P. Carp Based in Bridgeton, Mo, We Proudly Serve The Following Counties and Cities:Jefferson County: Arnold, Byrnes Mill, Cedar Hill Lakes, Crystal City, De Soto, Festus, Herculaneum, Hillsboro, Kimmswick, Olympian Village, Parkdale, Pevely, Scotsdale

Lincoln County: Cave, Chain of Rocks, Elsberry, Foley, Fountain N’ Lakes, Hawk Point, Moscow Mills, Old Monroe, Silex, Troy, Truxton, Whiteside, Winfield

St. Charles County: Augusta, Cottleville, Dardenne Prairie, Flint Hill, Foristell, Josephville, Lake Saint Louis, New Melle, O’Fallon, Portage Des Sioux, Saint Charles, Saint Paul, Saint Peters, Weldon Spring, Weldon Spring Heights, Wentzville, West Alton

St. Louis County: Ballwin, Bella Villa, Bellefontaine Neighbors, Bellerive, Bel-Nor, Bel-Ridge, Berkeley, Beverly Hills, Black Jack, Breckenridge Hills, Brentwood, Bridgeton, Calverton Park, Champ, Charlack, Chesterfield, Clarkson Valley, Clayton, Cool Valley, Country Club Hills, Country Life Acres, Crestwood, Creve Coeur, Des Peres, Edmundson, Ellisville, Fenton, Ferguson, Flordell Hills, Florissant, Frontenac, Glen Echo Park, Glendale, Goodfellow Terrace, Grantwood Village,Green Park, Greendale,Hanley Hills, Hazelwood, Hillsdale, Huntleig, Jennings, Kinloch, Kirkwood, Ladue, Lakeshire, Mackenzie, Manchester, Maplewood, Marlborough, Maryland Heights, Moline Acres, Normandy, Northwoods, Norwood Court, Oakland, Olivette, Overland, Pagedale, Pasadena Hills, Pasadena Park, Pine Lawn, Richmond Heights, Riverview, Rock Hill, Saint Ann, Saint George, Shrewsbury, Spanish Lake, Sunset Hills, Sycamore Hills, Town and Country, Twin Oaks, University City, Uplands Park, Valley Park, Velda Village Hills, Vinita Park, Vinita Terrace, Warson Woods, Webster Groves, Wellston, Westwood, Wilbur Park, Wildwood, Winchester, Woodson Terrace.