What Should You Ask After Looking for Guardianship Lawyers Near Me?
You probably don’t want to think about what would happen to your children if you passed away or fell into a coma, but you should. Whether you have one child or several, you need to plan for and think about their futures. Looking for guardianship lawyers near me is just the first step. As you meet with them and began preparing documents and court papers, know what questions to ask them to ensure you find the best person who will offer the help you need.
What Types of Cases Did You Work on Before?
Nevada has two types of guardianship programs. One is temporary guardianship, which does not require a trip to court. You just need to fill out a form that gives someone else guardianship of your child. It only lasts for six months, after which you can terminate or renew it. The other type is legal guardianship, which is when you give permanent custody of your child to another person. This is what will determine who cares for your child if you cannot. Make sure the probate Las Vegas firm you choose has experience with the type of case you need to file.
Can You Help with Alternatives?
One alternative to guardianship is a power of attorney. This comes in handy if you have a child with disabilities who is nearing adulthood. While their age allows them to make their own decisions, becoming their power of attorney gives you more control. Ask the guardianship lawyers near me who you find if they can help with this and other alternatives. You may want to file an advanced directive that allows you to make medical decisions for your child or a supported decision making agreement.
What Does a Trust Require?
A good estate planning attorney in Las Vegas should have experience planning and creating trusts. With a trust, you set aside money that helps pay for the care of your child. It usually includes funds that cover school expenses as well as any clothing or other essentials they need. Once your child reaches a certain age, they gain access to the fund left in the trust. When you establish guardianship with help from an attorney, make sure they can also set up a trust.
Who is the Best Person?
Another question to ask your attorney is about who you should name as your child’s guardian. Many people pick loved ones and family members who are close to them such as a sibling or parent. If you aren’t close to your family, you can name a good friend. Your attorney should offer some help when it comes to going over the people you know and finding the best person. Keep in mind that this person will become your child’s parent.
Should the Child Take Part?
It’s also helpful to ask any of the guardianship lawyers near me you find if you should involve your child in the process. Many parents simply pick the people they think are best for the job without asking for feedback from their kids. You may find that your child doesn’t want to live with one of your siblings or that they have no interest in possibly moving in with your parents.
What Do I Need to Include in the Terms?
Ask all of the guardianship lawyers you talk to about what you need to include in the terms or papers. Nevada guardianship contracts usually give one person financial and medical control over another person. You may need to set up guardianship for a disabled child once they reach adulthood because you want to continue making medical decisions for them or you want to help them with financial problems. A good attorney will help you make sure you cover all of your bases.
Does Guardianship Include Probate?
Leaving behind a will is the best way to ensure your loved ones can easily go through probate. As you meet with lawyers, ask them if you you can include anything in the guardians that allows your child and their new guardian to skip probate. Your will should name an executor or administrator who files probate and follows the wishes laid out in your will. The lawyer can also assist you in moving assets to a trust to keep them out of probate.
Can You Stop Others from Raising My Child?
A big reason to work with an asset protection lawyer is that they help you create a will that states what you want to happen with your estate. Always ask any lawyers you consider hiring if they can help you prevent or stop others from getting custody of your child. There are many horror stories from people who moved to a different city or state to get away from their families, only to find that their families tried to gain partial custody of their kids. Talk with your lawyer about how you can keep this from happening.
Is There Anyway to Prepay Some Fees?
Consider asking your lawyer for help prepaying certain fees to reduce the amount your child will owe later. Most funeral homes allow you to pay for your funeral costs. You can also buy a plot and pay for it ahead of time. Good guardianship lawyers can help you prepare in other ways, too. You can pay any fees they charge when someone opens probate on your behalf. To cover your child’s educational costs, your lawyer may recommend that you set up a college savings account.
Do Guardianship Lawyers Near Me Appear in Court?
Nevada requires that one or both parents file guardianship papers in court. In most cases, the judge will agree to the person(s) you named and allow you to file the paperwork with the county. There’s always a chance that the judge will not agree with your decision though, which is why you should look for guardianship lawyers near me. Ask if they will go to court with you and how much they will charge for the service. You may also want to ask how much their fees will change if you need to appoint a new guardian.
Find the Best Guardianship Lawyer
Asking these questions of the guardianship lawyers near me you find is a good way to ensure you get the best firm and lawyer. You want to find out if they can help you both in and out of the courtroom and what your paperwork must contain. With the right lawyer, you’ll have no problem naming a guardian for your child.
