Ft Campbell Guardianship Attorney: Legal Support for Guardianship Cases

Guardianships for Children and Adults in Fort Campbell

Guardianships are designed to protect the well-being of individuals who are unable to care for themselves. At the Law Office of Hibbeler & Associates, we assist clients in Fort Campbell, TN, and the surrounding areas to establish legal guardianships to provide the necessary care and oversight for vulnerable individuals, whether minors, elderly adults, or those with disabilities. Our experienced attorneys can guide you through the legal process with compassion and expertise.

What Is Legal Guardianship in Tennessee?

Guardianship may be given to a party other than the natural parents under specific circumstances, including the following:

Both parents have passed away.
The parent is unable to care for a child due to incapacitation.
The child was abandoned.
The child is at risk when under the care of a parent or parents due to addiction, mental health issues, abuse, neglect, or incarceration for certain crimes.

How Do You Become a Child’s Guardian in Fort Campbell?

The first step in becoming a guardian involves filing a petition with the court. Parents who are going to be deployed can take action to ensure they have named a guardian for their child(ren) when out of the country and in harm’s way. The selected guardian must agree and show the court that both parents gave their permission to the person seeking guardianship. The required documentation is typically a Power of Attorney.

Court-Ordered Guardianships for Children at Risk

A child’s parents are the natural guardians of a child. Sometimes, the parents fail to provide the care and support a child needs for a happy and successful childhood and future. In these cases, the court can appoint another guardian, often another family member.

What Are the Responsibilities of a Guardian?

A guardian has many responsibilities when caring for a minor child. These include:

Managing the child’s daily needs for food, clothing, education, and healthcare.
Making decisions for the child may include where to go to school or approving medical treatments.
Approving social and school activities the child participates in, such as sports, trips, etc.
Managing assets for the child: If the child needs financial management, the guardian can manage the assets and make financial decisions on behalf of the child.

Family Care Plans for Service Members

Parents who are service members to be deployed must fill out a “Family Care Plan.” Ensuring your plan is in place and functions correctly is mandatory; lacking a workable plan can lead to disciplinary actions or separation. Soldiers must arrange care for their family members and report for duty when ordered. Soldiers are not excused from their military duties if the Family Care Plan fails to work. All necessary arrangements must be in place for a child’s legal, educational, financial, religious, or special needs. The Family Care Plan must be updated when a family has new circumstances.

Temporary Guardianships for Deployed Service Members

When parents are deployed, children may require a temporary guardian who cares for them until they are transported to their long-term guardian. The long-term guardian has responsibility for the child until the parent returns, at which point the child is returned to the parent’s custody.

Guardianships and Deceased Parents

All parents of children should ensure they have a will in place that names the persons they want to care for their children should they pass away unexpectedly. The care of your minor children can be transferred to the guardian you name in your will. Any service member with children who is stationed at Ft Campbell should have a will naming the guardians you choose to raise your child in the worst-case scenario.

Without a will that names the guardians you choose to raise your child, the issue can be in contention, with various sides of the family engaging in legal actions to gain custody of the children, upsetting the children and causing inter-family conflicts that can be avoided. Ensure you advise the individual(s) you name as guardian, so they know they are listed in your will and are prepared for that eventuality.

Guardianships for Elderly or Incapacitated Relatives

In some families, it is necessary to become a guardian of a loved one who is no longer able to care for themselves, such as the elderly or incapacitated persons. A guardianship can be established for several types of guardianship services, including:

Guardianship for healthcare
Guardianship for property
Guardianship for both healthcare and property

If you need to protect your loved one, guardianship lawyers can help you draft the documents you need and appear on your behalf in court.

The Guardianship Process in Tennessee

Establishing a guardianship in Tennessee involves several steps:

Filing a Petition: The process begins by filing a petition with the court, outlining why a guardianship is necessary and the individual being proposed as the guardian.
Court Evaluation: The court will review evidence to ensure guardianship is in the ward’s best interests. The process may involve reviewing medical reports, financial documentation, and witness testimony.
Hearing: A judge will hold a hearing to determine whether the guardianship is necessary and whether the proposed guardian is suitable.
Appointment: If approved, the court will issue an order appointing the guardian and outlining their responsibilities.

Why Choose the Law Office of Hibbeler & Associates for Guardianship Issues?

At the Law Offices of Hibbeler & Associates, we understand the emotional and legal issues surrounding guardianship cases. Our compassionate team is dedicated to helping families through this critical legal process to ensure the best interests of loved ones are protected. With extensive experience in Tennessee courts and a commitment to personalized service, we’re here to provide the professional guidance and support you deserve for this important matter.

For a free case consultation regarding guardianships in Fort Campbell, call 931-236-2711 today.

Guardianship FAQs

Can a guardian be removed or replaced?

Yes, guardians can be removed or replaced if they fail to fulfill their responsibilities, act against the best interests of their ward, or if circumstances change. The court can appoint a new guardian if it deems it necessary to protect the ward.

What rights does a guardian have over the ward’s finances?

Guardians may be granted authority to manage the ward’s financial matters, such as paying bills, managing bank accounts, and handling investments. However, the scope of this authority is defined by the court order, and guardians must act in the ward’s best interest.

How does the court decide who to appoint as a guardian?

The court prioritizes the ward’s best interests when selecting a guardian. The issues evaluated include the guardian’s relationship with the ward, their ability to provide supportive care and financial and emotional stability.

Is a guardian financially responsible for the ward’s expenses?

No, guardians are not personally responsible for funding the ward’s expenses. However, they are tasked with managing the ward’s assets or income. Public assistance or other options may be explored if the ward lacks resources.

Can a guardianship be temporary?

Yes, temporary guardianships can be established in cases where immediate care or decision-making is required, such as during a medical emergency or when parents are temporarily unavailable. Temporary guardianships typically last until the court determines long-term arrangements.

Does a guardianship end automatically when the ward turns 18?

For minors, guardianships typically end when the ward reaches the age of majority (18 years old). However, for individuals with disabilities or other ongoing needs, the guardianship may continue if approved by the court.

What happens if the guardian or ward moves out of state?

If the guardian or ward relocates, the guardianship may need to be transferred to the new state. The legal actions may involve navigating the laws of both states and obtaining approval from the court to ensure continuity of care.

Can a guardian make healthcare decisions for a ward?

Yes, in most cases, a guardian has the authority to make healthcare decisions for the ward. The responsibilities include consenting to medical treatments and managing long-term care plans, as specified in the court order.

What are the responsibilities of a military guardian during deployment?

Military guardians must ensure adequate plans are in place for the ward’s care during deployments, including designating a temporary caretaker or co-guardian if the court permits.

Can someone contest a guardianship?

Yes, interested parties, such as family members, can contest guardianship if they believe it is unnecessary, or the proposed guardian is unsuitable. The court will evaluate all evidence and testimony before making a final decision.