Guardianship Attorney in Covington, Kentucky

Guardianship law is an area of family law that plays a crucial role in protecting the interests of those who can't care for themselves, such as minors or incapacitated adults.

Whether you’re seeking guardianship of a loved one or trying to interpret the nuances of the legal system, having an experienced and approachable attorney by your side can make all the difference.

In Covington, Kentucky, and the Greater Cincinnati and Northern Kentucky areas—including Newport, Florence, Kenton County, Campbell County, Boone County, Hamilton County, Grant County, and Gallatin County—the legal process for establishing guardianship can be complicated. Contact our Kentucky guardianship lawyer today to learn how our firm can help.

What Is Guardianship?

Guardianship is a legal relationship established by a court in which one person (the guardian) is given the authority to make decisions on behalf of another person (the ward) who is unable to do so. In Kentucky, guardianship is most commonly sought for minors whose parents are unable to care for them, or for adults who are mentally or physically incapacitated.

Types of Guardianship

In our state of Kentucky, guardianship law defines different types of guardianship based on the level of authority granted to the guardian:

• Full Guardianship: A full guardian has complete control over the ward’s personal and financial decisions. This is typically granted when the ward is entirely unable to make decisions for themselves.

• Limited Guardianship: A limited guardian is appointed when the ward can make some decisions but requires assistance with others. The guardian’s authority is restricted to specific areas as determined by the court.

• Conservatorship: While conservatorship falls under the umbrella of guardianship law, it’s specifically focused on managing the financial affairs of the ward. A conservator doesn't have authority over personal decisions, only financial ones.

Who Needs a Guardian?

Guardianship law is designed to protect vulnerable individuals who can't make decisions for themselves. Here are the most common scenarios in which guardianship may be necessary:

Guardianship for Minors

In cases where parents are unable to care for their children due to death, incapacity, or other circumstances, a guardian may be appointed to take over the responsibility of raising the child. Guardianship for minors can also be temporary or permanent, depending on the situation.

Guardianship for Adults

For adults, guardianship is usually sought when an individual has lost the capacity to make sound decisions due to mental illness, physical disability, or age-related issues such as dementia. In these cases, guardianship is typically initiated by a family member, caregiver, or close friend who recognizes that the individual is no longer able to manage their own affairs.

The Guardianship Process in Kentucky

Understanding the guardianship process can be overwhelming, particularly without legal guidance. That’s where our team at The Berger Firm can help. In Covington, Kentucky, and surrounding areas, guardianship law requires following specific procedures to establish legal guardianship.

Step 1: Filing a Petition

The first step in the guardianship process is filing a petition with the court. This petition will outline the reasons for requesting guardianship and provide evidence that the individual is incapable of making their own decisions. In some cases, multiple family members may disagree on who should be appointed as guardian, which can further complicate this step.

Step 2: Evaluation and Investigation

Once the petition is filed, the court will appoint an investigator or evaluator to assess the ward’s condition. For adults, this may involve a medical evaluation to determine whether they're truly incapacitated. For minors, social workers or child protective services may become involved to evaluate the child’s living situation.

Step 3: The Court Hearing

After the investigation, a court hearing will be scheduled. During this hearing, the judge will review the evidence and decide whether guardianship is necessary. The potential guardian must present their case, and the court may ask the ward to provide their input, if possible.

Step 4: Appointment of Guardian

If the court agrees that guardianship is necessary, they'll appoint a guardian and issue a formal order outlining the guardian’s responsibilities. Depending on the type of guardianship granted, the guardian may have full control or limited authority over the ward’s affairs. When you work with our team, we’ll be right by your side throughout each step of the process.

Why Choose Our Firm?

While the guardianship process may seem straightforward, it can quickly become complicated due to disagreements among family members, the need for medical evaluations, and the emotional nature of the proceedings. Hiring knowledgeable lawyers who have a history of cases in guardianship law, such as our team at The Berger Firm, can make the entire process smoother and less stressful.

Experience in Guardianship Law

Our team understands the nuances of guardianship law in Kentucky and can guide you through the process efficiently. We’ll help you prepare the necessary documents, process court hearings, and represent your interests, whether you’re seeking guardianship or challenging someone else’s guardianship claim.

Personalized Attention to Your Case

When dealing with sensitive issues like guardianship, it’s essential to work with a lawyer who offers personalized attention. Small family law firms like ours are often better equipped to provide the kind of one-on-one guidance that larger firms can’t match. When you choose The Berger Firm, we'll take the time to understand your specific situation, offering tailored advice and representation to get you the results you want.

Mediating Family Disputes

Guardianship cases can often involve intense family disputes, especially when multiple people are seeking guardianship. We can help mediate these conflicts, focusing on what’s best for the ward. We can also make sure that the process remains fair and transparent, advocating for your rights and the ward’s well-being.

Local Knowledge Matters in Guardianship Law

Local knowledge can play a significant role in the success of your guardianship case. Laws can vary from state to state, and working with a lawyer from our firm who understands Kentucky’s guardianship laws is critical. We’re familiar with the court systems in Covington and surrounding areas like Newport, Florence, and Kenton County, which can help your case move forward more efficiently.

In addition, we have connections with local professionals, such as social workers, evaluators, and medical providers, who can provide the necessary evidence to support your guardianship petition. Whether your case involves a minor or an incapacitated adult, having access to local resources is invaluable. Turn to The Berger Firm for the support you need.