Charleston Guardianship Lawyers

How Do I Establish Guardianship in West Virginia?

A guardian is a legal adult who takes responsibility for an individual who is incapable of making serious decisions for him or herself. Typically, guardians are appointed to children under the age of 18, though people may also act as guardians for adults with special needs or elderly individuals with mental problems. Guardianship may be established after a child’s parents die, or if they are no longer able to care for the child. If you are dealing with a guardianship issue, dispute, or simply wish to establish legal guardianship over a child you care for, our firm can help.

In West Virginia, guardianship can be appointed by the court or the individual’s parent. Usually, the court appoints guardianship over a child when his or her parents are deceased or incapable of providing the child with adequate care. This often happens in cases of domestic violence, abuse, or neglect.

Typically, the court prefers appointing family members as guardians, especially those who have a standing relationship with the ward. However, any adult could qualify for guardianship in West Virginia, pending court approval.

If you wish to file for guardianship, you must file a petition with your circuit court. The court will then begin an investigation. When the investigation is over, the hopeful guardian will testify in front of the court. If the court deems the guardianship to be in the best interest of the child, the guardianship will be granted.

To learn more about grandparents and guardianship rights read our blog today. Ready to get started? Call (304) 345-7250 to schedule a consultation with our Charleston guardianship attorney.

What Responsibility Does a Guardian Carry?

Guardians are responsible for making essential decisions on behalf of another person, their ward. The ward is usually a minor, a child under the age of 18. However, the ward might also be an adult who is incapable of making important decisions, usually becomes of some type of disability.

Guardians are responsible for several things, including the ward’s:

• Medical care
• Education
• Living situation
• Finances
• Daily necessities, including toys, food, clothing, etc.

At Hardy Pence PLLC our attorneys understand how complex family legal matters can be. Our Charleston guardianship attorneys have a proven track record of success in these and other family law matters. Whether you need help establishing guardianship, transferring guardianship, or dealing with some other type of family law dispute, we can help.