The term guardianship means the legal guardianship. In legal guardianship, a
legal guardian is appointed by the court to care for another person. The legal guardian
is responsible for making important decisions on the person's behalf and also
takes the legal responsibility for that person. The court grants them the legal
authority to care of the person as well as person's personal and property
interests. Legal guardianship is mostly used for developmentally disabled
adults, senior citizens, and minor children.
The decisions that a legal guardian can take
include but are not limited to:
- Financial decisions
- Medical decisions
- Other legally binding decisions.
Guardianship laws govern the
guardianships. That’s why you need a guardianship attorney. These laws command who can take the
responsibility of becoming a legal guardian. The laws also dictate the manner
in which the guardianship must be carried out. What do courts consider when
choosing a legal guardian? The things that include but are not limited to are:
- The personal relationship between the proposed guardian
and the ward.
- The unique needs of the ward and also his personal
opinion about who should be their guardian.
- The time period of guardianship, whether it is for a
temporary or permanent basis.
The guardianship attorney will be part of the
whole process, and he will make sure that all legal requirements are met. Before
having a meeting with an attorney, it is crucial to be prepared as the attorney
requires accurate and detailed information.
You should bring:
- The birth certificate of the ward
- The power of attorney or an existing will
- Medical records stating disabilities;
- Protective services and criminal justice records
The most crucial factor in any guardianship is
the ward and what is suitable for them. The very first question will be related
to why a guardianship is necessary. Discuss your concerns with the attorney and
tell them in detail about the situation.
If you are seeking a guardianship for an adult, tell the attorney details about the medical conditions and medications. If you have any proof to support your claims, do bring it to show it your attorney.
A guardianship may be part of a family's
estate planning, like who is going to take the responsibility if something
happens. In this case, you would not be petitioning for immediate guardianship;
instead, you would be designating a future guardian through the power of
attorney or a will.
It is the duty of the court to decide what
kind of arrangement is beneficial for the one who needs a guardian. The
following factors are the most commonly considered ones when making such a
decision:
- The age of the potential guardian; the age should
usually be must be eighteen or above
- The mental as well as physical health of all parties
involved
- The willingness of the potential guardian as well as
his ability to adequately care for the one who needs a guardian
- Moral character and criminal history of the potential
guardian
- The emotional, material, as well as developmental,
needs of the ones who require a guardian
- The stability of the potential home environment
- The connection of the one needing guardianship to their
school, home, and community;
- The importance of other familial relationships
- The situations leading to the petition for
guardianship.
If a senior citizen wants to appoint you as
your guardian, you should take help of elder law attorney.
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