Understanding how to initiate a guardianship proceeding, establishing the proper type of guardianship, and understanding the legal responsibilities and requirements that one must adhere to while acting as a guardian can be difficult. We can assist with your guardianship proceedings, becoming appointed as a legal guardian, and administering a Guardianship for both adults and minor children. Let us know how we can help!
WHAT IS A GUARDIAN?
A Guardian is someone who is appointed by the court to manage the personal or financial affairs of an individual who has been judged to lack the capacity (adults), or has not reached the legal age (minors), to do so on his or her own.
It is a legal relationship between an adult appointed to manage the affairs, referred to as the Guardian,and the person who has been declared by a court as legally unable to manage their own affairs, referred to as the Ward.
Generally, a guardian is needed to act on behalf of an incompetent adult or to act on behalf of minor children.
A Guardian may be:
a family member
a close friend or neighbor
or a professional guardian
TYPES OF GUARDIANSHIP:
- Incapacity Guardianship
When a person is determined to be incapacitated, a party must petition for the incapacitated person to be judged incompetent. If there is no alternative to a guardianship proceeding, such as a power or attorney or living trust, the court may appoint a guardian to exercise a variety of decisions.
- Minor Guardianship
If a guardian for a minor child is needed, the court may appoint a guardian in such situations where both natural parents are deceased or their parental rights have been terminated and in situations where a minor child inherits or receives money from an estate.
