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Charleston Guardianship Lawyers

Experienced & Compassionate Attorneys in Kanawha County: (304) 605-2026

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.

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.

Ready to get started? Call (304) 605-2026 to schedule a consultation with our Charleston guardianship attorney.

Guardian Responsibilities

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.

Establishing Guardianship

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 speak with an attorney about establishing guardianship for a child or disabled adult in Charleston, contact Hardy Pence PLLC at (304) 605-2026 and schedule a consultation with our Charleston family lawyer.

Choosing Hardy Pence, PLLC

Why our team is the right choice:
  • Knowledgeable Legal Team

    We have are recognized by clients ranging from individuals to publicly traded companies for high quality, efficient legal representation.

  • Expansive Experience

    Our experienced lawyers have highly distinguished qualifications and are nationally recognized for legal excellence.

  • Personal Dedication

    We pride ourselves on being a multi-faceted law firm – strong in a wide range of practice areas and prioritize personally meeting and exceeding our clients’ expectations.

  • Record of Success

    Our reputation speaks for itself; we have successfully fought for hundreds of clients and have won cases that represent a brighter future for our clients.