What are the terms to know in probate court?

| Apr 19, 2019 | Probate Litigation

Probate courts in Connecticut serve the vital purpose of bringing the services of the law to the people. Although the term “probate” comes up a lot in estate planning, it also covers important issues surrounding how people are taken care of, as well as identifying people who are legally responsible for others.

  • How are parents defined in probate court?

The meaning of “mother” and “father” often refers to the biological definition in connection with a child. But it always refers to a legal definition in court. A mother may be the biological or adoptive mother of a child, while similar meanings apply to fathers. Fathers may also gain legal status by signing a binding acknowledgment of paternity.

  • What about guardians, whether or not they are parents?

Guardianship is legally defined as the person or entity that has responsibility for a child’s care and the privileges of control over a child’s formative development. This may include medical decisions, spiritual life and general welfare.

  • Is there a difference between temporary and permanent guardianship?

A probate court can decide if a guardian is needed in a temporary situation, often begun by an emergency like the death or unavailability of a parent or other guardian. Permanent guardianship is intended to be in effect until a child reaches adult age.

  • How can guardians and others solve these issues?

Probate courts are empowered to hear arguments for guardianship and other issues related to people who may need extra help in life, either due to age or mental infirmity. An attorney can always represent a person’s interests in probate court or another venue