Guardianship

GUARDIANSHIP

Guardianship administration law is designed to protect the welfare and rights of individuals who are not capable of handling their own affairs. A Guardian is a person or agency appointed by the Court who is designated to act on behalf of a minor child, or on behalf of someone who has been, or is about to be, declared incapacitated.

If the parents of a child die, or if a child has been abandoned, or is inadequately cared for, the Court may appoint an adult to take care of the child or his or her property. A Guardian generally has the same responsibilities as a parent, and is responsible for the child’s personal needs, including shelter, education, and medical care.

When elderly loved ones become incapacitated or unfit to make personal or financial decisions for themselves, it is sometimes necessary to establish a legal guardianship over them. This is particularly true if there is no Power of Attorney in place or if the elderly person is being taken advantage of by the person with Power of Attorney.

GUARDIANSHIP FAQS

Any interested person can petition to start a guardianship, you do not need to be related.

A Guardian’s responsibilities vary based on the type of guardianship awarded by the court. Commonly, a Guardian may need to make medical, educational, and financial decisions.

Limited Guardianships are established for people who retain the ability to make some decisions for themselves but need assistance in one or more areas. In these cases, the powers of the Guardian must be specifically listed in the court order.