• July 12, 2021

Which national guardianship attorney is right for you?

In the past year, several national guardianships have been offered for people with mental health issues, including: National Guard, Veterans, Military, and the Military Police National Guard in the United States and Puerto Rico has offered an appointment to a military judge to allow the person with a mental health problem to have visitation rights for up to six months. 

The Army and Air Force have offered appointments to mental health court judges, and a National Guard member who has been diagnosed with a severe mental illness can receive a temporary legal guardian order to be allowed to live with their family in the military’s Joint Base Lewis-McChord, Washington. 

Veterans have been given the option of being referred to a civilian legal guardian who can live in the same building as them for up of up to 10 years, according to the Army. 

Military Police, the military equivalent of the National Guard, offers an appointment for veterans who have served honorably in the U.S. Armed Forces. 

For people with a history of mental illness, including severe anxiety and bipolar disorder, military lawyers can offer a temporary guardianship order allowing for up for up a year of supervision. 

In the past week, the Army and Marine Corps have been providing appointments for people who have suffered severe or terminal brain injuries, according the Marine Corps website. 

People who have experienced a heart attack or stroke and need legal guardians can also apply for guardianship. 

 The National Guard and National Guard Legal Services have also been offering appointments to people who are living in the home of someone with a serious mental illness. 

“This has been a very, very good year for guardianships and people with severe mental health problems,” said Michael Cavanaugh, a partner at Cavanaugh & Company who specializes in national guardians in family law.

“I think the National Guards offer a very unique option to a person who’s been in a home, a person that has been in the hospital, who’s seen their loved ones die, or who has a history in a household that might not be conducive to their well-being.” 

Cavanaugh also said that people can have the legal right to be with their loved one for up until they die.

“It’s a life or death decision,” he said.

“You can have a court order that says, ‘If you want to come back to me, come back immediately.’

That’s what it means.

If you do not want to leave the family, the court will say, ‘You cannot come back with your family, because it would be cruel to do so.'” 

 “In a lot of cases, the legal system doesn’t care about what the mental health status of the individual is.

They’re not looking at whether the individual has been hospitalized or has been on medication, or whether the person has been receiving treatment.

They want to find a way to make sure that the person will not harm themselves or others.

That is the first, second, third line of defense,” said Cavanaugh. 

Consequently, the National Military Supreme Court has been working to make guardianship legal, with a ruling in the past month that a judge can order a person with serious mental health needs to be living with a person of the same gender as the person they are living with. 

It was a case that has become a rallying cry for many who have been denied the right to live in a family. 

As of the start of this year, more than 6.6 million Americans had been granted temporary guardianships under the National Family Protection Act, according to the National Family Advocacy Center, a nonprofit advocacy group that has lobbied for a more permanent solution to the guardianship crisis. 

If you or someone you know needs legal help, call the National Suicide Prevention Lifeline at 1-800-273-TALK (8255) or visit the National Domestic Violence Hotline at 1(800) 273-8255. 

You can also find a National Suicide Prevention hotline for survivors of sexual assault or abuse at 1 800 273 7255.

The National Center for Family and Law Enforcement Services (NCFLEAS), a nonprofit civil rights and family law advocacy organization, has been advocating for a solution to guardianship for people experiencing severe mental illnesses. 

This month, NCFLEAs attorneys filed a federal lawsuit in the Eastern District of Virginia challenging the National Protection and Advocacy Act, which prohibits state or local governments from requiring a person to be institutionalized. 

State legislatures across the country have been considering legislation that would allow families to petition a court to have their loved person involuntarily committed to a mental institution. 

A lawsuit was filed in Virginia on behalf of the American Civil Liberties Union in April in the Supreme Court of Virginia, asking a judge to declare the National Protective Services Act unconstitutional and declaring that the court lacks jurisdiction over the state

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