A Guardianship is the court procedure for appointing a Guardian to care for the health and/or finances of an incapacitated individual. A Guardian can be placed in charge of the person’s property, the individual’s person, or both. The court monitors the guardian to ensure he or she is looking out for the best interest of the individual. If you think your loved one may be in need of a guardianship, we are here to help review all of your options to find the best course of action for your situation. We’ll help walk you through the guardianship process and understand your responsibilities as a Guardian.
Proper planning, however, can help attempt to avoid the necessity of having to go to court in order to get a guardianship over someone else. In general, there are two ways that guardianship can be established. Court-appointed guardianship occurs when either the state or federal legal systems recognize that there is a need for a minor or adult to have a safe and secure home with either a foster family, extended family, or parent. Legally-appointed guardianship, on the other hand, is established through a legally-binding document where the parents of the child or the adult, while still in sound mind, have named their trusted guardian ahead of time. The document may also contain certain instructions that can help protect their rights, maintain a quality of life, and ensure that medical and educational needs are met.
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Your Family's Essential Needs
Guardianship can be recognized for a variety of reasons, and appointing a guardian can help ensure
- The protected individual or ward is able to maintain their property, assets, and finances
- The protected individual’s wishes for medical care and education are maintained
- End-of-life decisions are protected
- The protected person has somewhere to live and a trusted person to watch over them
While most guardianships are granted to family members or immediate relatives, some guardianships can be assigned to individuals outside of the family, as long as the court finds them a suitable and reliable individual to care for the protected ward.
If you have questions about guardianship issues, count on your team at PK Legal for solid guidance and legal representation.