Guardianship is a legal mechanism that grants an adult legal power to make decisions for another person , one who is considered incapable of making decisions himself or herself.
There are different types of guardianships, such as:
Adult Guardianships
A Guardian may be appointed to represent adults who become incapacitated and unable to properly care for themselves.
Guardianship is a legal proceeding in which a court declares a person incompetent and unable to manage their personal and financial affairs.
It must be clearly demonstrated to the judge that the person for whom guardianship protection is sought is suffering from a physical or mental impairment which prevents them from making reasonable decisions in their everyday life, or that the person is a danger to themselves or others.
A declaration of incompetency is a serious matter and requires presentation of convincing evidence to the court.
After appointment from the court, the guardian is responsible for handling all of the protected person‘s financial affairs and must provide a yearly accounting to the court concerning all of the income received and all of the expenditures. The guardian is also responsible for making major life designs for the protected person, and is often required to decide issues regarding medical treatment and residential placement. A guardian is entitled to reasonably compensation for the services rendered to the protected person.
Children Guardianships
A guardianship may be appointed for a child under 18 years old if the child does not live with the mother or father. A guardianship may be required to obtain medical treatment for the child or for school registration.
It is a very common situation for a foster parent to obtain a guardianship for a minor, and a guardianship may be established with or without the consent of the parent(s), depending upon the situation.
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The information presented at this site should not be construed
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