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Canton Estate Planning & Probate Lawyer > Canton Guardianship Lawyer

Canton Guardianship Lawyer

The Law Office of Brian S. Karpe, LLC handles Connecticut guardianships of all forms, whether that of a minor or an adult. Canton guardianship lawyer Brian S. Karpe has spent decades providing superior service to his clients. He will give you the compassionate care you need when attempting to establish a Connecticut guardianship, either as a component of an estate plan or through a petition before the Connecticut Probate Court. Contact us for a free consultation on your legal questions about the formation of a guardianship.

Guardianships in Connecticut

Each state employs a slightly different meaning for the term “guardianship.” In the state of Connecticut, a guardianship is most commonly a relationship between a minor under age 18 and an adult who has been designated as their guardian by a court, but it also includes such a relationship with an infirm adult. Depending on the needs of the child, the guardian may be given the authority to care for the individual’s personal needs, manage their finances, or both.

Guardianships of the person and guardianships of the estate of minors

A guardianship may be labeled a guardianship of the person of a minor or a guardianship of the estate of a minor. A guardian of the person of a minor will be granted physical custody of the child in question and will have the responsibility of providing for that child’s needs and best interests. This can include making decisions about the child’s medical care, education, and housing. Normally, the child’s biological parents hold guardianship of the person of that child. However, if the child’s parents die, become incapacitated, or are deemed by the court to be unfit parents, then another individual may file a petition before the nearest Connecticut Probate Court to have themselves appointed as guardian of the person of the minor. Guardianships of the person of a minor end automatically when the child reaches age 18. Guardians of the person of a minor are required to submit an annual report on the child’s condition to the Probate Court. A guardianship of the estate of a minor grants the guardian the responsibility of managing the child’s finances.

Factors that Connecticut courts will consider when appointing a guardian

Courts in Connecticut do not take the appointment of a guardian lightly. An applicant to serve as the guardian of a minor, especially a guardian of the person, must be prepared to make a convincing showing to the court that they possess the right qualities to act as a competent guardian.

Connecticut probate courts will ask of the applicant for guardianship:

  • Can the proposed guardian meet the physical, emotional, moral, and educational needs of the person on a daily basis?
  • If the person is over 12 years of age or is otherwise mature and intelligent enough to express an opinion, what is his or her wish in regards to who would act as a guardian?
  • Is there a preexisting relationship between the person and the proposed guardian?
  • What are the best interests of the person? Is there a close relative, who could serve as the guardian?

Due to the rigorous showing required to succeed before a Connecticut probate court on a petition to be appointed as a guardian, many guardianship applicants rely on the assistance of an attorney who is well-versed in the process of filing guardianship petitions. Hartford area guardianship lawyer Brian S. Karpe has the knowledge and hands-on experience, along with the genuine care and concern for his clients, that you need on your side when establishing a guardianship. Contact Canton guardianship lawyer Brian S. Karpe to discuss your questions about guardianship at no cost.

Other forms of guardianship of a minor in Connecticut

Many Connecticut residents assume that the creation of an estate plan is something to do only when they’ve reached old age. However, there are countless good reasons for you to create an estate plan at a young age, especially if you have young children. One such reason is that an estate plan offers you an opportunity to select a guardian for your child should you pass away, known as a testamentary guardian. In this way, you can designate a person you trust and admire, who might not be the court’s default choice of a guardian, to care for your child in the event of your death. This guardian can be designated as the guardian of the person, the estate, or both.

Another form of guardianship is that of a temporary guardian. A temporary guardian can take over the duties of caring for a child during, for example, the illness of a parent or a parent’s extended time away from home. The guardianship will end once the need for the guardianship ends.

When will courts grant an adult guardianship?

Connecticut courts allow for guardianships over an adult where an individual determined to have an intellectual disability is deemed unable to safely and competently make decisions about their personal care or finances. Probate courts will limit the powers of a guardian of a person with an intellectual disability only to those that are absolutely necessary to ensure the person’s health and well-being, while allowing the individual to remain as independent as possible.

Help With Connecticut Guardianship Issues Is Just a Phone Call Away

If you need the guidance of an experienced guardianship attorney in Canton and throughout Hartford County, Litchfield and Waterbury, Connecticut, contact the knowledgeable estate planning and guardianship attorney Brian S. Karpe for a no-cost evaluation of your case.

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