Experienced Family Lawyer Helping Fargo, North Dakota Families Establish Guardianship

Guardianship for Children and Minors

Establishing guardianship can go a long way toward ensuring that a child always has someone to take care of them in the event that their parents are no longer able to. This can be because the child’s parents are deceased, have abandoned the child, or have been ruled unfit to have custody of the child. Legal guardians are responsible for providing for a child’s physical, emotional, and financial well-being. They are also empowered to make legal decisions that impact the child.


To apply for guardianship, an applicant must fill out all the relevant paperwork and apply in court. The court will consider the applicant’s relationship with the child and will make a determination based on what is in the child’s best interests. Parents can take an important step toward protecting their children’s security by explicitly naming a guardian in their will along with a letter of explanation to the court about why a particular guardian was selected.

Guardianship for Mentally Incapacitated Adults

When an adult is mentally incapacitated, whether by an injury, illness, or other medical condition, they will frequently need someone to make medical, legal, and financial decisions on their behalf. This is especially important if the individual has not established durable power of attorney prior to being incapacitated. A guardian can help a mentally incapacitated person maintain autonomy and function as independently as possible while also ensuring that they are taken care of.

A Family Lawyer Can Help

The guardianship process, while relatively straightforward, requires paperwork and procedures that are often overwhelming, especially because guardianship involves individuals who cannot always act on their own behalf. Pat O’Day has over 30 years of experience practicing law throughout North Dakota and Minnesota. He’ll make sure you have everything you need to successfully establish a guardianship that protects the individual concerned now and in the future. Call O’Day Law Office, P.C. today at (701) 298-9326 to schedule a free consultation about your guardianship case.