Baton Rouge Guardianship Lawyer

Baton Rouge Guardianship Attorney

If your loved one cannot make crucial daily decisions for themselves, you may be considering the difficult choice to pursue interdiction or guardianship. This is an emotionally difficult process for many families and individuals, but it may be necessary to protect your loved one and ensure they are in good hands. A Baton Rouge guardianship lawyer is essential to help this process go smoothly and determine what steps are needed to protect your loved one.

Establishing a guardianship is often necessary to care for your loved one, but it is also important to consider the future. When you create an estate plan, you have to consider the needs of your loved ones, including those placed under guardianship. Proper estate planning can protect your loved one even if you become incapacitated. You can also plan for your own care to avoid putting your loved ones through the same guardianship application process.

Skilled Guardianship and Estate Planning Attorneys in Baton Rouge

At the Shelby Law Firm, our attorneys have over 30 years of legal experience helping families in Baton Rouge, LA with estate planning and complex legal issues like guardianships. Our team knows individuals’ and families’ struggles in this situation, and we want to make the process easier for you. We can review your situation and your loved one’s capabilities and discuss the appropriate form of protection with you and your loved one.

The team at the Shelby Law Firm knows how important compassion and respect are in interdiction cases. We help you and your loved one determine the right method and help you take steps to petition for guardianship if that is the right option. Our goal is to help individuals and families find the ideal solution to support their loved ones.

What Is a Legal Guardianship in Louisiana?

A guardianship in Louisiana is when the court appoints an individual to make decisions for another individual. This other individual called a ward, is determined to be incompetent or incapable of caring for themselves or making crucial decisions. This is often necessary due to injury, illness, disability, or age. A guardianship is also called an interdiction.

The guardian is in charge of the aspects of the ward’s life that the court determines require oversight. This generally includes day-to-day affairs, living arrangements, medical choices, and other important decisions. The extent of the guardian’s responsibilities and the limitations on the ward’s rights depend on the situation. A guardianship can be limited or full, depending on the needs and abilities of the ward.

The guardianship of an adult significantly affects their rights, and for this reason, the court only awards it when necessary. If a less restrictive option is possible to protect the individual, the court will not approve the request for guardianship. Guardianships are only appropriate when the ward is not able to care for their physical health and safety or make important and reasoned decisions about their daily life.

How Estate Planning Can Help You Avoid Guardianships

A guardianship may be necessary for your loved one if they did not plan for incapacitation or incompetency. Unfortunately, these situations happen to many people, especially as they grow older.

You can plan for these potential situations by creating a comprehensive estate plan. This can help your loved ones avoid the complicated legal process of having to secure guardianship or other types of interdiction on your behalf. Planning ahead also gives you more control over who can make crucial decisions in your life and ensures it is someone you trust. You can also delegate different powers to different individuals.

Through documents like powers of attorney and living wills, you can list your personal wishes and determine who you want in charge of medical choices, financial decisions, and other aspects. These documents are also more private than the process of interdiction. An experienced estate planning attorney can help you create a beneficial estate plan.

FAQs

Q: How Long Does Guardianship Last in Louisiana?

A: How long a guardianship lasts in Louisiana depends on whether it is set up for a minor or a dependent adult. A guardianship for a minor ends when they are no longer a minor. A guardianship for a dependent adult is typically permanent until death unless it is a temporary guardianship or there are significant changes in the individual’s condition. If the court shows that the individual no longer needs a guardian, the guardianship may end.

Q: What Is a Disadvantage of Legal Guardianship?

A: One disadvantage of legal guardianship for an adult is the individual’s lack of freedom and control. The guardian may have control over certain choices, such as medical decisions and living circumstances, depending on the powers given by the court. For this reason, the court only assigns guardianships and other restrictive forms of care when there are no other options. The guardian has a significant number of responsibilities and must take them seriously.

Q: How Do You Get Someone Declared Incompetent in Louisiana?

A: In order to get someone declared incompetent in Louisiana, you must petition the court explaining why the individual should be declared incompetent. Both you and the individual you are petitioning for must appear in court, where you then prove the statements you made in the petition. The individual and their attorney may then address those claims. The judge will either allow or deny the request for declaring incompetence. This process is easier if you have the help of an experienced attorney.

Q: What Is the Difference Between Custody and Guardianship in Louisiana?

A: In Louisiana, custody and guardianship of a child can often be used interchangeably. The custodian of a child is an adult, either a biological parent or another adult, who is granted the ability to care for a child by the court. This may be in the form of legal custody, physical custody, or both. Legal guardianship in Louisiana is also used to refer to the care and decisions made for an adult, whether that guardianship is limited or full.

Work With the Shelby Law Firm to Establish a Guardianship

Our attorneys can help you gather evidence and draft a petition to request guardianship. We can help you protect your loved one and advocate for what is necessary. Contact Shelby Law Firm today to learn how our team can help your family.