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Boise Guardianship Attorney
Seeking custody of minor children is not a decision that should be taken lightly, and, depending on the circumstances involved, can be an emotional and difficult process that needs to be carefully managed. If you have found yourself involved in a guardianship dispute, it is important that you have access to clear, quality legal advice – and we are here to help. Contact us for an experienced Meridian or Boise, ID guardianship attorney.
What Are Guardianships and Conservatorships Under Idaho Law?
Both guardianship and conservatorship refer to the practice of one individual – the guardian or conservator – gaining legal control over key elements of the life of another individual (known as the protected person), and this can be either physical wellbeing and welfare or financial responsibilities.
Once appointed, a guardian will have legal responsibility for elements that impact the protected person on a physical and emotional level, and this includes determining where they live, which medical treatment they receive, and who they may or may not make contact with. A conservator, on the other hand, will be responsible for managing the finances of a protected person deemed incapacitated.
Guardianship
A court hearing is necessary to grant guardianship. Once appointed, the guardian will have legal responsibility for the elements that the protected person needs help with on either an emotional or physical level. Examples could include where they live, who they can and can’t have contact with, and what medical care they receive.
Conservatorship
A conservator also has legal responsibility for aspects of a protected person’s care. However, conservatorship refers to managing their finances.
There are two main areas in which a guardianship or conservatorship may be implemented: children and adults.
- Children
A guardian of a child may be necessary if one or both parents are deemed unable to care for their child. In this case, another adult can apply for custody of the child or children; this is known as guardianship.
In some cases, it may also be appropriate for a child to have a conservator, for example, if they receive money or property through inheritance, a legal settlement, a gift, or a life insurance policy. The conservator may also be the guardian, or they can be separate people.
- Adults
While guardianships are commonly associated with children, they can also be put in place for adults who are deemed unable to care for themselves, usually as a result of illness, or due to advanced age. In these situations, a guardianship will hand over power to a named individual, and this ensures that the vulnerable adult is kept safe and protected as they continue to deteriorate and decline.
Who Can Petition to be a Guardian or Conservator of a Child in Boise, Idaho?
According to the law, any individual can apply to file a petition of guardianship over a child, provided that they are not the biological or adoptive parents of that child, or that a child custody order is not already in place.
Guardians can be appointed by the court in situations where biological parents have had their parental rights terminated, have abused or neglected their child, or are deceased. In most cases, guardians will be family members or close family friends of the child or children.
In order to be eligible for guardianship, there are a few requirements that must be met:
- The guardian must not be the biological or adoptive parents of the child
- The guardian must not have any convictions for child abuse
- The guardian must not have any child protection orders filed against their name
- The guardian must have a genuine interest in the welfare and wellbeing of the child or children in question
In order to prove that guardianship is necessary, the individual who is applying to become a guardian must prove the following to a court:
- The biological parents of the child have abused, neglected, or abandoned the child in question.
- The child is currently residing in a home that is unsafe or unstable
- The potential guardian is in a position to adequately care for the child – this must include having adequate financial support, as well as a stable home, and the time and energy to dedicate to the child’s welfare and wellbeing.
- Any other factors that are deemed to be relevant
The prospective guardian will also be required to complete an online course, which has been developed by the Idaho Supreme Court Guardianship/Conservatorship Committee. This is intended to offer prospective guardians more information about the role, and the responsibilities that come with this. This is ordered by the court, and a key step in the process of becoming a guardian.
When an application for guardianship is made to the court, the judge will look at all of these factors, and decide whether the guardianship should be granted. If the application is successful, they will rule in favor of the guardian, who will then be required to take responsibility for the personal care that would typically befall a biological or legal parent. If the child has significant financial assets which need to be managed, a conservatorship may also be applied for and considered.
How to Apply For Guardianship of a Child in Boise and Meridian
Applying for guardianship of a child can be a complex process. If you believe that you should have guardianship, then the best thing you can do is seek a consultation with a family law firm that can advise you on your next steps.
Proving Guardianship is Necessary
If you are fighting for guardianship of a child, then you will need to prove why it is necessary. This is where a family law attorney from Idaho Divorce Law Firm can prove invaluable.
If you are applying for guardianship of a child with the court, you will need to prove that:
- The home where the child is currently residing is unstable or unsafe.
- The potential guardian is able to adequately care for the child and has a stable home, finances, and the time and energy to dedicate to the child’s wellbeing.
- The biological parents have neglected, abused, or abandoned the child, or they are deceased.
- Any other relevant factors.
- A potential guardian will need to complete an online course developed by the Idaho Supreme Court Guardianship/Conservatorship Committee. This course provides information about the role and the responsibilities that come with it.
Court Hearing
Once a petition for guardianship is filed with the court and the filing fee has been paid, the judge will decide whether or not guardianship should be granted. If successful, the guardian will then have responsibility for the care of the child. In situations where the child has significant financial assets, then a conservatorship may also be applied for.
How our Guardianship Attorneys in Boise, Idaho Can Help
Securing legal guardianship is often a highly emotional and stressful process. As a concerned grandparent, sibling, friend, aunt, or uncle, you should explore all of your legal options with the help of a guardianship attorney in Boise, Idaho.
At Idaho Divorce Law Firm, we understand the care and dedication these cases require. It is often difficult for concerned friends or relatives to take legal action when children are in danger, and we will help you to act discreetly and swiftly.
If you are navigating an adult guardianship case, then it is essential you secure representation who understands the importance of ensuring that their rights are protected. Every adult who requires guardianship has different needs and capabilities. Their dignity and independence should be protected by ensuring that they can continue to have autonomy over aspects of their life that they can manage but have support in the areas where they need it.
We understand how emotionally draining these situations can be and will provide clear and comprehensive advice so that you can act from a place of clarity.
What to Look for in a Boise Guardianship Attorney
Considering the importance of the outcome of your guardianship case, it is essential that you have legal guidance from a guardianship attorney who has the skills and experience necessary and who truly cares about the outcome of your case.
Many family law firms offer a consultation, which is a good opportunity for you to ask some questions and decide if they are the right fit for your case. Some factors to look for include:
- Respective State Bar Association – State Bar Associations are in place to ensure high standards
of legal practice and to hold lawyers accountable if they deviate from these standards. It is a good idea to
check that your attorney is associated with a state bar and that they are not under disciplinary action. - Experience – In your initial consultation, you can ask a potential attorney if they have
experience navigating cases that are similar to yours. An experienced attorney should be able to show you
testimonials from previous clients who were dealing with similar struggles. - Awards – If a law firm has been given awards, then this is a sign of quality.
- Independent Reviews – AVVO is an independent review site that rates lawyers based on years of
service, awards, client reviews, and more.
Contact an Experienced Boise Guardianship Attorney Today
If you are seeking guardianship, then contact Idaho Divorce Law Firm for a consultation today. We have won favorable outcomes for a long list of happy clients, which is why we have been voted one of the best divorce law firms in Boise, Nampa, and Meridian by expertise.com. For more information on the guardianship process and how our dedicated Meridian or Boise, ID family law attorneys can help, contact us today for a consultation at (208) 314-3302.