Family Law

10 Common Questions About Guardianship Laws

What is guardianship? Guardianship is a type of legal relationship where a court appoints an individual, known as a guardian, to make decisions on behalf of another person- the ward; who cannot act for himself for reasons of his age, disease, or weakness.

Who may act as a guardian? A family member, a close friend, or in certain cases, a professional guardian. The court of law prefers members of the family but will make other considerations when that is not the case, all for the best interest of the ward.

What are the different types of guardianship? Guardianship can be of the person (making decisions about the ward’s care and well-being) or of the estate (managing the ward’s finances and property). Some guardianships may include both.

Becoming a guardian Most processes apply by filing a petition with the court, attending hearings, and demonstrating the need for the guardianship. The qualifications of the proposed guardian, as well as the best interest of the ward, will be scrutinized by the court.

Read Also:

How long does a guardianship last? A guardianship can either be temporary or permanent. For instance, in a temporary guardianship, its duration may just be until some issue is addressed, while for a permanent one, it endures until a ward’s condition gets better or he dies.

Yes, a court may remove and replace a guardian when he neglects his or her duties towards the ward; commits an act of abuse and/or mistreats the ward; or simply cannot serve any further. The ward also has rights and can approach the court if a change is necessary.

Responsibilities of a guardian: The main responsibility of a guardian would be to take decisions which would benefit the ward. These decisions may be regarded as including issues related to medical care, living arrangements, finances, and well-being.

Do the rights of the ward continue? In most cases, if the ward has the capacity to decide on some matters, the ward’s rights are not completely taken away. Guardianship can restrict, but does not necessarily eliminate, decision-making capacity.

How do guardianships end? A guardianship ends if the ward acquires capacity, if a guardian is no longer necessary, or if the ward dies. A petition to terminate must be filed with the court.

What are the costs of guardianship? The costs of guardianship can include court fees, attorney fees, and the costs associated with managing the ward’s estate. Sometimes, the guardian is allowed compensation for his time and efforts.

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button