26 Jul 0
One of the parent’s greatest fears is they won’t be able to take care of their children. Guardianship laws vary from state to state and I am well versed in guardianship law.
What Do You Mean By a Legal Guardianship?
Legal guardianship is a status that enables a person to act on behalf of a minor until the time legal adulthood is reached. A number of states have laws which name the parents of a minor as legal guardian of the child and enable the parents to appoint a desired guardian.
Another aspect of guardianship law applies to the elderly. There are times when an elderly person is no longer making safe decisions for them but has not completed a Health Care Power of Attorney. This document would nominate someone, of their choosing, to make these decisions on their behalf. Without this document, legal guardianship is needed to appoint a person to make decisions.
When Does Guardianship Become Necessary?
With adults, choosing the correct time to petition for guardianship may be difficult. When an elderly person shows signs of dementia or other cognitive impairment, it’s hard to ascertain what might be medically related and what might be the sign of something more serious. It is normal for families to wait longer than they should start the guardianship proceedings for a parent or close relative displaying these symptoms. However, if they are making an unsafe decision and endangering themselves or others, it may be time to consider the possibility of guardianship.
What Aspects Are Considered?
There are many things to take into account when deciding whether to appoint a legal guardian. Generally, this includes the state confirming the person who needs a guardian is actually disabled by conducting a hearing and going over the proof presented. There can be disputes as to who would be guardian if others step forward wanting to fill that role. These disputes over legal guardianship can arise and should be settled in court.
Is The Guardianship Permanent?
This completely depends upon the order issued by the court. Legal guardianship of a minor generally ends when the child is 18 years old. Legal Guardianship of an adult can be both temporary and later become permanent. Temporary guardianship of an adult is often done in an emergency situation until all information can be gathered.
How to Set Up Legal Guardianship?
Legal guardians are held to high standards as they are accountable for the physical well-being of their ward. It is essential to practice great care in appointing the proper person. The court has the power to appoint a legal guardian for a disabled person; however, anyone can appoint the guardian of their choice to be accountable for themselves or their children in case of their untimely passing by having the proper estate plan in place.
Get the Help of a Guardianship Attorney
Legal guardianship cannot occur without the court becoming involved. This will have a great impact on the child’s or elderly person’s future. Contact me and I will provide you with legal advice and represent you in the guardianship court proceedings.