Quick Guide to WV Guardianship

 

 

West Virginia Guardianship Laws

 

 

The “Guardianship and Conservatorship Act” is located in Chapter 44A of the state’s revised statutes.  For a link to all statutes on West Virginia guardianships, visit the following link.

 

 

The majority of information in this article about WV guardianship is referenced from the following document under the KDC Income Management Organization (formerly the Appalachian Benefits Assistance Corporation): 

 

 

Eligibility Factors for West Virginia Guardianships

 

 

According to state law, any adult may qualify for a West Virginia guardianship or conservatorship—or even both.  The court will investigate a person’s criminal background, financial history, former relationship with the ward (if any), and overall responsibility before considering a WV guardianship.  

 

 

A court will always prefer a family member(s), friend, or other person formerly associated with the ward before others for West Virginia guardianships.  

 

 

Duties within a West Virginia Guardianship

 

 

A court will always hear testimony from the ward before setting guidelines within the WV guardianship.  Additionally, apart from simply qualifying for the West Virginia guardianship, a guardian must complete the following duties: 

 

 

1. Mandatory Training for West Virginia Guardianships- after a person qualifies for WV guardianship, they must complete an educational class and training require by the court within 30 days of being approved.  Once the training for the West Virginia guardianship is completed, the guardian must submit an affidavit to the court. 

 

 

2. Order of Appointment- you must take an oath to fulfill all duties within West Virginia guardianships, and a copy of the order must be sent to the ward and all people who received a copy of the petition within 14 days of appointment.  

 

 

3. Annual Reports- most West Virginia guardianships require the guardian to file an annual report with the court.  The reports for West Virginia guardianships usually include the following:

 

 

• description of the current health of the ward and the following;

 

• living arrangements within the West Virginia guardianship

 

• medical, educational, vocational, and other services provided to the ward

 

• summary of your visits during the WV guardianship 

 

• statement of whether you agree with the current plan

 

• the need for extended WV guardianship

 

• other information the court may find useful

 

• the compensation you requested for the West Virginia guardianship, and other expenses you incurred

 

 

How do I file for a West Virginia Guardianships?

 

 

In order to petition for West Virginia guardianships, you’ll have to file a petition with your circuit court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the WV guardianship is in the best interests of the ward.  For a list of West Virginia courts, click on the link. 

 

 

West Virginia guardianships also give the respondent certain rights after the petition has been filed.  The respondent must be notified of the place and time of the hearing for the West Virginia guardianship, be represented by legal counsel, be present at all proceedings except if they have a medical exception.  The respondent also has a right to trial by jury and may even cross examine witnesses.  

 

 

 

 

Frequently Asked Questions about Delaware Guardianship

 

 

What is Delaware guardianship?

 

 

Delaware guardianship law controls how individuals take on the powers, rights and duties for protecting and managing a child, responsibilities which are typically bestowed upon legal parents. 

 

 

Once Delaware guardianship is legally granted, a guardian becomes practically a parent legally. One of the few differences between Delaware guardianship and parental status is that a third party cannot sue a guardian for a misdeed committed by their child. Additionally, guardians can have their rights limited by the court, while parents cannot.

 

 

What is Permanent Delaware Guardianship?

 

 

Permanent Delaware Guardianship allows for a child to develop a permanent self-sustaining relationship between a child and an adult, but it does not infringe on the parenting rights of child’s actual parents, which separates Permanent Delaware Guardianship from full legal adoption.

 

 

A Custody Order is also bestowed along with Guardianship, which implies that a Permanent Guardian is expected to have custody of the child, see them regularly, and have responsibility for their care and maintenance, as well as their education, travel, eating, and location.

 

 

The only individuals eligible to apply as Permanent Delaware Guardians are blood relatives and foster parents. Importantly, the child’s actual parents may not petition the court to change or revoke another individual’s Permanent Guardianship rights over their own child. Additionally, Delaware Guardianship Law does allow for the somewhat unusual situation of a parent paying child support to the Guardian.

 

 

What is Standby Delaware Guardianship?

 

 

The purpose of Standby Delaware Guardianship is for a parent who is suffering from a progressive chronic disorder or a fatal disease to be able to quickly make plans for their child’s care in case of the worst. The idea is that the parent won’t have to give up their own parental rights for the Standby Delaware Guardianship rights to take over.

 

 

Every petitioner for Standby Delaware Guardianship is the parent of a child, trying to find the individual to give parental rights to after their death. No one can petition for Standby Delaware Guardianship rights for themselves; they must be bestowed upon another.

 

 

A parent may petition for Standby Delaware Guardianship even if there is another parent who could conceivably take care to the child. In order for such a Standby Delaware Guardianship petition to be valid, one must prove either that the other parent is dead, that their rights have been terminated, or that the other parent for whatever reason consented to being left out of the Standby Delaware Guardianship.

 

 

A Standby Delaware Guardianship takes effect once one of two things happens: either, there has been a receipt of a determination of a petitioner’s incapacity, their debilitation, or their death, or the other petition has given then written consent to Standby Delaware Guardianship.

 

 

Within 30 days, the applicant for Standby Delaware Guardianship must petition the Court for confirmation of their status or else risk forfeiture. 

 

 

Where do I learn about more about Delaware Guardianship?

You can find out more about Delaware Guardianship system at home. Check out the state’s site here.

 

 

 

 

Frequently Asked Questions about Alaska Guardianship Law

 

 

What is Alaska guardianship law?

 

 

Alaska guardianship laws allow for individuals to have a legally recognized ability to control the finances, housing or medical care of another individual who is not capable of making decisions in their own benefit.  The person whose affairs a guardian manages is called a ward, and every guardian has a legal responsibility to their ward and can be held accountable in court for their decisions or mistakes.

 

 

When is guardianship needed?

 

 

There are strict limitations concerning when Alaska guardianship law comes into play, as unnecessary appointment would be a grave affront to the personal rights of the ward. A prospective guardian will have to show that an individual’s ability to receive information, to evaluate that information, or to communicate their decisions is severely impaired so that it is impossible for them to mange for their own health and safety, including managing their food, shelter, clothing and medical decisions. In other words, if an individual risks suffering physical injury or illness for not having a guardian, then a guardian can be appointed.

 

 

What is a conservatorship?

 

 

Alaska guardianship law differentiates between a guardianship and a conservatorship. While a guardian may control any aspect of their ward’s affairs so long as they are designated to do so by the court, a conservator is limited only to financial affairs such as paying debt, managing income, and arranging taxes.

 

 

Up until 2004, there was an Alaska guardianship law which said that an individual would need two separate appointments as both conservator and guardian in order to manage an individual’s finances as well as their healthcare and shelter. However, a new statute allowed full guardians to have financial powers without getting a separate appointment.

 

 

Who can be a guardian?

 

 

In order to be obtain an Alaska guardianship, you must NOT do any of the following five thing:

 

 

• Provide professional services to the ward;

 

• Serve as creditor to the ward;

 

• Have any interests which might conflict with the interests of the ward;

 

• Work for anyone who provides services or whose interests conflict with those of the ward;

 

• Be under eighteen years-old.

 

 

Note that conflicts of interest can be ignored in the case of relatives, such as spouses, children or siblings, as long as the court rules that any conflicts of interest are insubstantial.

 

 

How do I file for Alaska guardianship?

 

 

1. Fill out Petition form PG-100, make one copy and file with your county’s superior court. A $75 filing fee will be charged. In the mail, you’ll receive an Order for Appointments and Notice of Hearing, schedule your appearance before the court.

 

 

2. Notify all interested parties including the person who takes care of the ward currently of the action.

 

 

3. Allow Court Visitor to investigate the ward’s current living condition and decide if guardianship is needed.

 

 

4. Respond to Visitor’s Report within ten days.

 

 

5. Court hearing is held within 120 days of original petition, and the judge will decide whether or not to grant guardianship.

 

 

 

 

Frequently Asked Questions about South Dakota Guardianship

 

 

What is South Dakota guardianship?

 

 

When you obtain South Dakota guardianship, you will have a legally verifiable relationship with another person which gives you some agency over their personal affairs. Usually, guardianships are obtained for people who are unable to take care of themselves because they are ill or handicapped. Typical decisions which a guardian makes concern a person’s health care, living conditionals, and financial holdings.

 

 

Is there more than one type of South Dakota guardianship?

 

 

Yes, there are at least four types of South Dakota guardianship recognized by the state, including:

 

 

• Limited Guardianship: The guardian maintains authority in only those areas of a person’s life which the court has judged them to be incapable of controlling. For instance, a limited guardian may be appointed to control someone’s healthcare decisions but not their finances.

 

 

• Temporary Guardianship: In the event of a medical emergency, a temporary guardian can be appointed to have full-control of a person’s affairs but for a period of only 90 days.

 

 

• Joint Guardianship:  South Dakota guardianship can be split between two or more individuals with equal claim to guardianship authority. For instance, the parents of a handicapped adult could be appointed joint guardians.

 

 

• Full Guardianship: This is non-conditional authority over an ill or handicapped person’s affairs.

 

What is a conservatorship?

Just think of a conservatorship as a limited guardianship, in which the protected person’s finances are looked after by their limited guardian, but the guardian can make no other decisions. Conservatorship is strictly limited to this one area of authority, and it does not include the healthcare realm.

 

 

How do I obtain South Dakota guardianship?

If you want to apply for South Dakota guardianship over a loved one, you will first petition your county court with an outline demonstrating the need for guardianship and the exact parameters of the relationship requested. You will also need a statement of the protected person’s financial resources and a report from the physician, psychologist, or psychiatrist which will describe the protected person’s handicap and its effect.

 

 

Once you turn in these materials, a hearing will be scheduled. After a discussion with a judge concerning whether South Dakota guardianship is appropriate, the judge will reach a decision and their order will be followed.

 

 

Can I get help filing for South Dakota guardianship?

The best resource to help a person file for South Dakota guardianship is a family lawyer, who will fill out legal documents for you and present your case to the judge in as persuasive a manner as possible. These lawyers cost money, but the good news is that the Establishment Program exists to help family pay the costs of establishing guardianship.

 

 

As much as $500 is available to go toward paying your South Dakota guardianship lawyer. In order to apply, the protected person must be over 18 and a resident of South Dakota. They must also have a documented disability in South Dakota Code SDCL 27B-1-18 and be the first-time recipient of South Dakota guardianship.

 

 

 

 

 

Quick Guide to NE Guardianship 

 

 

Nebraska Guardianship Laws

 

 

The majority of laws addressing Nebraska guardianships are located in §30-2601 – 2661 of the state’s revised statutes.  These laws on NE guardianship will prove helpful, but the majority of information within this article is referenced form the following website under the state’s Judicial Branch: 

 

 

Requirements for Nebraska Guardianships

 

 

In order to file for Nebraska guardianship, a person over the age of 18 must make sure to submit multiple documents and fully qualify.  Procedures for Nebraska guardianships are extensive compared to some states, and the state will usually give preference to family members and other peers before anyone else in a NE guardianship. 

 

 

According to state law and the Judicial Branch, the following documents are required for Nebraska guardianships: 

 

 

1. A credit report from a credit reporting agency/business

 

 

2. An affidavit of Sex Offender Registry Search, and the registry can be found at the following link: https://www.nsp.state.ne.us/sor/find.cfm.  If the Nebraska guardianship is for a guardian out of state, the applicant should use their home state’s registry. 

 

 

3. A criminal history check and a Nebraska State Patrol Criminal History Reports for Arrest and Prosecution (RAP) sheet.

 

 

4. An Abuse, Neglect Registry check and clearance

 

 

All of the forms listed above must be submitted to the court 10 days before the Nebraska guardianship is approved.  Additionally, Nebraska guardianships often require educational classes before the person is appointed as guardian.  For more information, visit the information provided by the Judicial Branch.

 

 

How do I initially file for NE Guardianship?

 

 

In order to file for Nebraska guardianship, an applicant must submit a petition to their local county court before a trial is set up.  Complete information about all clerk magistrates in the state is listed here, and if you have questions about the Nebraska guardianship, you can contact the clerks with questions. 

 

 

What Responsibilities come with a NE Guardianship?

 

 

A person has numerous responsibilities within a Nebraska guardianship.  Apart from the responsibilities before the NE guardianship becomes official, a guardian will have to file their Order of Appointment and almost always submit an annual report.

 

 

An Order of Appointment for Nebraska guardianships is an oath the guardian takes after receiving NE guardianship rights.  The Order must be sent to all individuals who received a copy of the petition for the Nebraska guardianship.  

 

 

Additionally, an annual report for Nebraska guardianships usually requires the following information: 

 

 

• description of the current health of the ward and the following;

 

 

• living arrangements within the Nebraska guardianship

 

 

• medical, educational, vocational, and other services provided to the ward

 

 

• summary of your visits during the NE guardianship 

 

 

• statement of whether you agree with the current plan

 

 

• the need for extended Nebraska guardianship

 

 

• other information the court may find useful

 

 

• the compensation you requested for the NE guardianship, and other expenses you incurred

 

 

If guardians fail to meet their responsibilities or the court determines the ward can now take care of themselves, Nebraska guardianships may be terminated.  

 

 

 

 

Guide to Oregon Guardianship Law

 

 

If you are considering becoming a guardian in Oregon, you need to understand OR guardianship law.  Oregon guardianship law applies any time a child or disabled person is unable to make decisions for themselves.  Guardianship is a serious responsibility, and learning more about OR guardianship law can help you to make an informed decision before you take it on.  This guide will only give a basic overview of Oregon guardianship law.  If you want to learn more in-depth information about OR guardianship law or need legal advice about becoming or appointing a guardian, you may want to talk to an Oregon attorney specializing in guardianship arrangements.

 

 

Guardianship of Minors

 

 

Children are typically only assigned a guardian if their parent (who normally fulfills the guardian role) is absent or incapacitated.  Oregon guardianship law allows a guardian to be appointed for a child whose parent has died or is mentally incompetent.  You may also be able to have a guardian appointed under OR guardianship law if the child's parent has been incarcerated or is severely disabled in a way that prevents making reasonable parenting decisions.

 

 

In most cases, Oregon guardianship law allows a parent to nominate a guardian for their own child.  In some situations, an older child's nomination for his or her own guardian will also be considered by the court.  In order for a child to nominate a guardian, he or she must show to the court that he or she is capable of making a reasonable decision.

 

 

Guardianship of the Disabled

 

 

In some situations, an adult may be assigned a guardian under OR guardianship law.  When disabled adults are incapable of making some or all decisions for themselves, Oregon guardianship law allows the courts to step in and appoint a guardian.  OR guardianship law permits both individuals and non-profit organizations (both public and private) to serve as guardians for the disabled.  Typically, Oregon guardianship law only lets a guardian be appointed as a last-ditch measure, and only for people who are unable to make their own choices.  A person with only mild or moderate disabilities will generally not have a guardian appointed according to OR guardianship law.

 

 

Types of Guardianship

 

 

Different types of guardianship are available under Oregon guardianship law for different situations.  A guardian of the person has full decision making power over all aspects of someone's life, in much the same way that a parent has decision making responsibilities for a child.  This is the most expansive kind of guardianship permitted by OR guardianship law.

 

 

Guardianship of the estate is a more limited form of guardianship.  Under Oregon guardianship law, this type of guardianship can be given when a disabled person has shown an ability to make some personal care decisions, but an inability to make financial decisions that are responsible and reasonable.  This type of guardianship allows the guardian to make all financial decisions for the disabled person.

 

 

Standby guardianship is an arrangement by which a person names a guardian ahead of time.  OR guardianship law allows, for instance, a parent to name a standby guardian if they have a terminal illness and want to minimize the trauma of the transition to the child's legal guardian.

 

 

 

 

Quick Guide to Guardianship in Ohio

 

 

Ohio Guardianship Laws

 

 

A detailed analysis of Ohio guardianship is provided by the Ohio State Bar Association, and the complete report can be found at the link provided. 

 

 

 

Within this article, you fill find information about different kinds of Ohio guardianships, eligibility factors while determining any kind of guardianship, and information about obtaining guardianship rights in OH.  

 

 

Different Kinds of Ohio Guardianship

 

 

Brief descriptions of Ohio guardianship are provided below: 

 

 

1. Guardian of the person- this type of guardian helps the ward in a variety of ways and is paid through the ward’s assets.  Common duties include providing food, shelter, clothing, health care, and the education of a minor child.  

 

 

2. Guardian of the estate- this type of Ohio guardianship allows an entity to manage the following for the ward:

 

 

• all debts owed

 

• the collection of money owed 

 

• settlements and adjustments of any assets received from the executor or administrator of an estate

 

• placing all funds into an account as fiduciary 

 

• investing any assets wisely if funds are not needed at the time 

 

• filing an official inventory and accounts of the estate on a regular basis with the court

 

 

Before becoming a guardian of the estate, the applicant must post a fiduciary bond double the probably value of the personal estate to the court.  

 

 

3. Limited guardian- this type of Ohio guardianship is limited by the probate court after a ward has established what duties they do not want help with in the Order of Limited Guardianship.  

 

 

4. Interim guardian- Ohio guardianships in this category occur when a former guardians has been permanently removed or resigned from their duties.  

 

 

5. Emergency guardian- this type of Ohio guardianship is instituted by the probate court in emergency situations that endanger the ward unless they have supervision.  

 

 

Eligibility Factors for Ohio Guardianships

 

 

In the state of Ohio, a related or unrelated guardian may be considered by the court.  In cases involving minors, Ohio guardianships are usually first granted to appropriate family members, but a court may consider otherwise in the best interests of the child.  

 

 

An Ohio guardianship is never granted to a convicted felon or person who shows the inability to provide the essential duties of a guardian.  Additionally, the court will often hear testimony from a child if they are old enough to make a sound decision.  

 

 

Steps for Establishing Ohio Guardianship

 

 

The list below provides general steps for obtaining Ohio guardianships, but there may be more steps involved in certain cases: 

 

 

1. The incapacity of the person must be proved unless the party is a minor.  In order to prove incapacity, the court must usually obtain a certificate from a doctor who examined the person.

 

 

2. A potential guardian must then file a petition with their local clerk, and if there are several parties trying to obtain guardianship, the issue may be contested in court.  A link to all county clerks in Ohio is provided at the following link: https://www.ohiocourtlinks.org/.

 

 

3. If Ohio guardianships are granted, the guardian will normally have to file a bond with the court, and the court will decide if the guardianship should be final if the incapacitation is expected to last their entire life.  

 

 

 

 

A brief guide to Louisiana guardianship

 

 

When a person is mentally or physically incapable of caring for themselves, the court system may intervene to ensure that they are properly cared for. Many different people can be appointed to Louisiana guardianships. The process of being appointed to this kind of position is complicated and lengthy. Obtaining a Louisiana guardianship is not a process to be undertaken by anyone who is not prepared to execute all of the responsibilities which are involved.

 

 

It is important distinguish this position from a custodial position. While Louisiana guardianships appoint someone to look after a person's mental and physical health, a custodian is responsible for maintaining their financial resources. A person may apply for both positions if they feel they are capable of executing both. If you are only appointed to a Louisiana guardianship, you will need to be able to cooperate with any custodian who is responsible for the same person's financial health.

 

 

Many different people can be appointed to this position. People who have been named in living wills in the event of an accident or medical complication are given preference when Louisiana guardianships are being considered by the court. However, a spouse, adult child or relative with whom the person has lived with for at least six months prior to the incident in question can also be considered. A Louisiana guardianship can also be considered when a minor child does not have a parent or guardian to look after them. In cases where parents are relinquishing the right to custody of their child, their preferences will be given strong consideration.

 

 

To be considered for Louisiana guardianships, you must undertake a court process. Filing a petition will be the first step that must be taken. The person who must have Louisiana guardianship appointed on their behalf will be examined by a physician or other medical professional. A report will be issued detailing the kind of care which they require. Judges will evaluate this document and use it as the basis of any decision when considering petitions for Louisiana guardianships.

 

 

In court, the incapacitated person will be represented by an "attorney ad litem." This lawyer will be responsible for making sure any Louisiana guardianship which is awarded is in the best interests of their client. If you are attempting to be appointed to this position, you may wish to consult a lawyer. The process of having Louisiana guardianships can be complicated and can benefit from legal aid.

 

 

If you are appointed to this position, you have the right to receive an inventory from the custodian detailing the disabled person or child's financial resources. Anyone appointed to a Louisiana guardianship must submit regular reports detailing the condition and any developments in the condition of the person they are caring for. People who are appointed to look after minor children must be on good terms with them in order to ensure that they provide the best possible care.