GUARDIANSHIPS

To become a Guardian of someone requires a process through the Probate Court. Don't get caught needing the ability to care for a loved one without the legal authority recognized by others.

GUARDIANSHIP

A Guardianship is an involuntary trust relationship in which one party, called a Guardian, acts for an individual called the Ward. The law regards the Ward as incapable of managing his or her own person and/or affairs.

A Guardian is any adult person, association, or corporation appointed by the Probate Court to assume responsibility for the care and management of the person, the estate, or both, of an incompetent person or minor child. A corporation can only be the estate's Guardian and not the person's. A person for whom a Guardian has been appointed is called a Ward.

Incompetent: 

Application for Appointment of Guardian for Alleged Incompetent

Any person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that he is incapable of taking proper care of himself or his property or fails to provide for his family or other persons for whom he is charged by law to provide, or any person confined to a penal institution within this state.

Minor: 

A Guardian may be appointed by the court to oversee the legal and financial affairs (and/or the personal care) of a minor or of an adult who is not able to manage his or her own affairs because of advanced age or some other physical or mental disability. A Guardianship is typically an involuntary process, as family members or others ask the court to act to protect someone who appears to be incompetent. Once appointed, a Guardian is answerable to the court for providing proper care and management of the Ward's affairs in the Ward's best interest.

YOUR GUARDIANSHIP LEGAL STRATEGIES

  • If you have been caring for your disabled child who recently became an adult, you will need a Guardianship approved by the court to continue that care regarding others.
  • Whether it's the dentist, the school, or the doctor, you may need to be appointed Guardian by the court to get care for your loved one.
  • Being the Guardian of the person is a great responsibility. You control where the person goes to school, lives, and the type and degree of medical care.
  • To become a Guardian of someone is a process, but it might be cheaper than you think. Don't let the small cost in preparation get you in a bind later.
  • A Guardian may be either the Guardian of the Person and/or the Guardian of the Estate. Both types of Guardianships have different and important responsibilities.
  • A Guardian of the estate is responsible for paying all the person's debts, collecting income, investing, and keeping an accurate inventory of assets to be reported to the court.
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