A brief guide to North Dakota guardianship

 

 

Children who have no one to care for them, as well as mentally or physically incapacitated adults, require care from responsible adults. While custodians look after such people's finances, North Dakota guardianships are appointed to ensure that their physical and mental wellbeing is also being looked after. This position entails a great deal of responsibility and is not to be undertaken lightly. Additionally, obtaining a North Dakota guardianship is a lengthy process with many steps.

 

 

It is advisable to create a living will documenting your wishes on this subject. A person who has been named in this document as your preferred choice for a North Dakota guardianship in case of injury will be given preference when this position is being considered. If no living will has been created, the court system will consider several alternatives. An adult child, parent or relative with whom a person has lived for at least six months prior to any accident is also eligible for North Dakota guardianships. Parents who are relinquishing custody of their child will have their wishes regarding this position given priority.

 

 

Regardless of the person who is seeking a North Dakota guardianship, they must pursue this position through the court system. The legal system will begin considering the situation when a petition is filed by the person who wishes to be appointed. A doctor will examine the person who requires care from someone appointed to a North Dakota guardianship and issue a report detailing their needs. Before hearing any case, a judge will review this document and make it the foundation of their decision.

 

 

In court, the person needing care will be represented by an "attorney ad litem." This lawyer's job will be to ensure that any North Dakota guardianships which are appointed are in their client's best interests. Among other things, this means that a person appointed to this position must be patient and capable of devoting as much time and energy as necessary to their ward's needs. In cases where North Dakota guardianships are being considered for a child, it is vital that any person who is appointed be on good terms with the minor and able to communicate with them.

 

 

Should you be appointed to this position, you have the right to receive an inventory from your ward's custodian of all their financial and property resources. People who are appointed to North Dakota guardianships may also take on this role if they feel they are capable of executing both positions. You will be required to submit regular reports to the court regarding any developments in the health of the person in your care.

 

 

Successfully being appointed to a North Dakota guardianship will involve many interactions with the legal system. In addition, it may require a significant financial commitment on your part. When seeking North Dakota guardianships, it is advisable to consult with a lawyer who can help you to understand what kind of timeline you can expect from the law's handling of your case.

 

 

 

A Quick Guide to Texas Guardianship 

 

 

Texas Guardianships and the Law

 

 

Texas guardianship is offered to a court-administered person in order to take care of a minor or incapacitated person or their property.  The incapacitated person is referred to as the ward, and there are two different kinds of Texas guardianship.  

 

 

Under Texas law, a person who takes care of a minor or other person is called the guardian of the person and person who takes care of property is call the guardian of the estate.  In order to maintain Texas guardianships, the minor must be under the age of 18, must not be married, or has not had their minor status or disability removed by the court.  

 

 

In order to take care of an adult under Texas guardianship laws, the person must have a physical or mental condition that prohibits or greatly restricts them from providing food, clothing, and shelter for themselves.  If you need more information on Texas guardianship, you can find more information about who will qualify for guardianship and the procedure in TX.  

 

 

Who will be appointed guardian in Texas?

 

 

Texas guardianships are provided to people in a top-down approach because the court will give preference to family before anyone else.  If the ward is a minor, the court will guardianship in the following order: 

 

 

1. parents

 

 

2. a person the last surviving parent designates for guardianship 

 

 

3. the nearest ascendant to the child after the parents (usually grandparents or aunts and uncles) 

 

 

4. kin

 

 

5. a non-relative that the court determines will satisfy as an appropriate guardian 

 

 

If the ward is an adult, Texas guardianship will be granted in the following order: 

 

 

 

1. the person designated by the ward prior to the incapacity to have Texas guardianship 

 

 

2. the ward’s spouse

 

 

3. next of kin 

 

 

4. a non-relative 

 

 

If more than one person qualifies for Texas guardianships, the court will decide who meets the most qualifications.  

 

 

The Texas Guardianship Process

 

 

The state is very strict when determining Texas guardianships.  The state will usually recommend that a party hire a family law attorney in order to help them with the Texas guardianship process because it is often very complicated. 

 

 

Some general steps are listed below, and you should ask a lawyer for any other steps you should take: 

 

 

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

 

 

2. After incapacity is determined, Texas guardianships are then started with the filing of a certificate that can be both long and detailed.  You should always have a lawyer help with the certificate, and this form must usually be filled out 120 days after the application for guardianship was filed.  

 

 

3. After the certificate has been submitted, an attorney ad litem will be assigned to the incapacitated person in order to protect their civil rights and establish specific rights under the Texas guardianship.  

 

 

4. If Texas guardianships are approved, Letters of Guardianship are issued on the ward and will expire in 16 months unless the guardian renews the letters.  

 

 

 

 

Michigan Guardianship Law and Procedure 

 

 

Michigan Guardianship Law

 

 

General Michigan guardianships are described under the MI Constitution in section 700.5204.  The statutes states:

 

 

“A person interested in the welfare of a minor, or a minor if 14 years of age or older, may petition for the appointment of a guardian of the minor.  The court may order the Department of Human Services or a court employee or agent of the court to conduct an investigation of the proposed guardianship and file a written report of the investigation.”

 

 

Of course, Michigan guardianship is offered for the protection and guidance of an estate if the ward is older, but for the sake of convenience, this article will mainly cover law and procedure for the appointment of a guardian for a minor.  For more information, visit the link. 

 

 

Establishing Michigan Guardianships

 

 

The state will normally give preference to relatives, a parent, or friends of the Department of Human Services caseworkers when parental rights have been terminated by the court or the parent allows the minor to live with another person voluntarily.  

 

 

The court never allows a person or family with a criminal background to have guardianship rights, and individuals who show a weak financial history will not be considered either.  However, in order for a qualified person or family to file for Michigan guardianship, they must take a variety of steps.  

 

 

Filing the Petition

 

 

A prospective guardian must first file a petition to the Department of Human Services describing why they believe they are the best guardian for the child, financial information and more.  After the petition is filed, the court may grant temporary guardianship to a qualified individual for more than 60 days before the court hearing.  

 

 

In this waiting period, a social services worker will conduct a home study that will look into the best interests of the minor under Section 15.12 of the Michigan Child Welfare Act.  Also, the individual or family seeking Michigan guardianships needs to establish a placement plan.  The court will review this plan to establish the Michigan guardianship, and factors of such a document can be found under 15.5.2 of the MI Child Welfare Act.  

 

 

Court Review

 

 

During court reviews of Michigan guardianships, the court will examine the placement plan, any court structured plans, and more.  Ultimately, the court wants to determine if the individual seeking a Michigan guardianship can provide for the minor for an extended period of time and whether the placement is best for the child.  

 

 

If Michigan guardianships are approved by the court, the minor will live with the guardian for any period of time depending on whether the guardianship is temporary or permanent.  

 

 

Termination of the Michigan Guardianship

 

 

Procedures and determinations for the termination of Michigan guardianships are described in Section 15.10 of the Michigan Child Welfare Act.  Some examples include the parents again qualifying for custodial rights with approval of the court, or the child turning 18 and having the right to make decisions on their own.  

 

 

 

 

Guide to Connecticut Guardianship Laws

 

 

When a resident of Connecticut is unable to make decisions for themselves, CT guardianship laws allow a person or non-profit organization to make those decisions as the person's legal guardian.  This article will discuss the types of Connecticut guardianship arrangements that are available for guardianship of children and the disabled.  For more information or for specific advice about your legal situation, you may want to contact a CT guardianship attorney who can advise you further.

 

 

Connecticut Guardianship For Children

 

 

In most situations, a child's parent carries all decisionmaking authority for the child.  However, in some cases, a parent is unavailable or deceased, and the child must have a guardian appointed according to CT guardianship law.  If a parent is able to nominate a guardian, the court will typically give this nomination a great deal of weight.  A child's preferences may also be taken into account if they are old enough to make a reasonable choice about their Connecticut guardianship situation.

 

 

In some situations, CT guardianship is needed for a child due to a parent's disability or terminal illness.  In these cases, a type of Connecticut guardianship called standby guardianship is allowed.  When a standby guardian is approved, it makes the transition from parent to guardian substantially easier and can give a terminally ill parent peace of mind.

 

 

Connecticut Guardianship of the Person

 

 

Disabled people who are unable to make any personal care decisions may qualify for a type of CT guardianship called guardianship of the person.  If someone is appointed for this Connecticut guardianship arrangement, they will have the ability to make all day to day decisions for the disabled person, including basic personal care choices as well as bigger decisions about education, religion, and healthcare.

 

 

CT guardianship of the person is only awarded in cases where the disabled person is unable to care for him or herself or make any reasonable decisions about care.  It is generally considered a last resort for the disabled.  Connecticut guardianship may be obtained in these cases by either an individual or by a not for profit organization (either public or private).

 

 

Connecticut Guardianship of the Estate

 

 

If a person is capable of making some decisions about their personal care, but cannot be reasonably entrusted to handle their own finances, CT guardianship laws allow people to seek a different type of guardianship arrangement.  A Connecticut guardianship of the estate gives a guardian responsibilities for handling the estate and finances of a disabled person.  This type of CT guardianship is common when an elderly person is still living independently or in a nursing home, but is no longer capable of making good financial decisions due to dementia or advanced age.

 

 

Limited Connecticut Guardianship

 

 

In some cases, a person's disability may not require total CT guardianship over their estate or their person.  In these situations, limited guardianship may be awarded.  This is the most flexible type of Connecticut guardianship, and the responsibilities of a limited guardian will be clearly delineated by the court system at the time when guardianship is awarded.

 

 

 

 

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.  

 

 

 

 

Guide to New York Legal Guardianship Law

 

 

When a person is unable to care for themselves, New York courts may allow a legal guardian to be appointed who will be responsible for that person.  This guide will discuss the way that New York guardianship law works, including eligibility guidelines for legal guardianship and the types of guardianship arrangements permissible under the law.

 

 

Who Needs Legal Guardians?

 

 

In general, anyone who is unable to care for themselves may need a legal guardian appointed by the state according to NY legal guardianship law.  All minor children must be assigned a legal guardian if a parent is unavailable to care for them, according to New York guardianship law, because children are presumed to be unable to have legal responsibility for themselves.  Children may need a guardian appointed under New York legal guardianship law due to the death, imprisonment, or deportation of a parent, or if a parent no longer has the capacity to care for their child.

 

 

Increasingly, old people suffering from mental issues, as well as people of all ages with severe mental and physical handicaps, are also given guardianship arrangements due to NY legal guardianship law.  Assigning a legal guardian in these cases can help ensure that an older or disabled person's financial, legal, and personal decisions are made rationally.  

 

 

Who Determines Legal Guardianship?

 

 

According to New York legal guardianship law, only family court judges are allowed to make final determinations on guardianship.  Parents' wishes are taken into account by NY legal guardianship law, and judges will generally work to make a parent's preferred guardianship arrangement happen.  If a judge rules that a guardian proposed by a parent is unsuitable, however, New York legal guardianship law allows the judge to choose someone else instead.

 

 

Who is Eligible to be a Legal Guardian?

 

 

NY legal guardianship law allows nearly anyone to be a child's guardian as long as it can be shown that the arrangement will be in the best interest of the child.  There are no hard age limits or restrictions on exactly who may be a child's legal guardian according to New York legal guardianship law.  Even people with criminal convictions may serve as a legal guardian, but NY legal guardianship law is likely to remove from consideration anyone who has been convicted of offenses against children.

 

 

Types of Legal Guardianship

 

 

New York legal guardianship law allows for four types of legal guardianship, as well as “backup guardianship” for a person to take over the guardianship arrangement if the initial guardianship arrangement doesn't work out.  A guardian of the person is someone given total control over a person's health, education, and welfare decisions according to NY legal guardianship law.  A guardian of the property is responsible only for someone's money, while a guardian ad litem is someone who acts in a child's best interests in legal proceedings.  The final kind of guardianship under New York legal guardianship law is called a stand-by guardian, who makes decisions only if the parent becomes incapacitated (for instance, a terminally ill parent may want a stand-by guardian arrangement to minimize the difficulty of a child's care transitioning to a guardian).

 

 

 

A Quick guide to California Guardianships

 

 

CA Guardianships

 

 

California Guardianship is offered to a person who has received permission from the court to make certain decisions and take care of a minor or adult who cannot take care of themselves and their property.  The California guardianship can be granted to a person is related or unrelated, but most of the time, a person who is related has more eligibility.  

 

 

The majority of this article will discuss California Guardianships when they apply to a minor child.  For more information on a guardian of the person or guardian of the estate, visit the official website of the CA State Court.  

 

 

 

Becoming a Guardian of a Juvenile Dependant 

 

 

In some cases, the court may declare that if the child returns to the house of their parents, they may be in danger.  In this case, a California guardianship can occur six, 12, or eighteen months after the children have been removed for the household. 

 

 

During the time period in between, a child welfare agency will prepare a permanent plan and the court will prepare an individual permanent report for each child.  If the court determines the child cannot return safely, an adoption, guardianship, or long-term foster care plan will be established.  

 

 

All considered parties who are qualified for California guardianships (a relative, foster parent, or other interested party) may attend a number of hearings and contest why they believe they should be the legal guardian of the child.  The child may even testify during this hearing state which parent is the best California guardianship, and after a party is chosen, they will have to fill out a large number of forms.  

 

 

Apart from filling out any number of forms, California guardianships require a study from a child welfare agency on the home of the guardian. Additionally, the guardian will likely have to meet with the judge who made the decision, and still qualify for guardianship after other interested parties and the parents have given their opinion.  However, once the guardianship hearing is underway, a parent or interested parties my not contest the issue any farther.  

 

 

Removal of California Guardianships

 

 

A California guardianship may be removed at any time if it’s the best interest of the child.  Also, any child who is 14 years or older may ask the court to change their guardian.  The court will then investigate what duties the guardian has performed, what the best interests of the child are, and other factors.  

 

 

A California guardianship can also be ended if the guardian asks the court to resign.  Otherwise, all California guardianships end when the minor turns 18, is adopted, gets married, or becomes legally emancipated otherwise.  

 

 

Rights and Responsibilities of California Guardian

 

 

A CA guardianship may entitle the guardian to the following decision of the minor: 

 

 

• the child’s residence

 

• medical care if the child is under the age of 14 

 

• what school the child will attend and special services for the child

 

• approval of marriage for the minor with approval from court as well 

 

• whether the minor can begin enlisting in the military 

 

• whether the minor can obtain a driver’s license  

 

 

 

 

Guide to Kentucky Guardianship Law
 

 

There are several different types of people who need a guardian appointed to them according to KY guardianship law.  If you are considering becoming a guardian under Kentucky guardianship law, you need to understand what the law says and what your responsibilities will be.  This guide will teach you some of the basics of KY guardianship law, including who may need a guardian and what types of guardianship are available.  If you want to learn more about Kentucky guardianship law, you may want to talk to a local attorney who has experience representing potential guardians.

 

 

Guardianship of Minors

 

 

For most children in the state of Kentucky, a parent serves as legal guardian and no court proceedings are necessary to recognize the relationship between parent and child.  However, if a parent is unable to care for a child due to death, incarceration, or physical or mental incapacity, KY guardianship law requires that an appropriate guardian be found.  A parent may be able to designate this guardian according to Kentucky guardianship law if the parent is capable of making a reasonable choice.  A child may also nominate someone to be his or her guardian if the child is 14 years of age or older and capable of making a reasonable nomination.

 

 

Guardianship of the Disabled

 

 

Disabled people are also sometimes eligible for guardians under KY guardianship law.  If a disabled person is unable to care for themselves and requires someone else to make some or all of their decisions in order to be safe and healthy, Kentucky guardianship law allows the court to appoint a guardian.  This is typically used as a last resort for the disabled.

 

 

Types of Guardianship

 

 

Several types of guardianship have been established by KY guardianship law.  Guardianship of the person is the most expansive guardian relationship allowed by Kentucky guardianship law, and is the kind of guardianship typically assigned when children or very severely disabled people require a guardian.  KY guardianship law allows a guardian of the person to make all of the day to day decisions for the child or disabled person.

 

 

In other cases, a disabled person may be able to make some personal care decisions, but may no longer be able to manage money or finances.  In these situations, which are common with elderly people with dementia or other progressive illnesses, Kentucky guardianship law allows a guardian of the estate to be appointed.  A guardian of the estate, according to KY guardianship law, can make decisions relating to paying bills and managing money for the disabled person.

 

 

In some cases, the legal guardian or parent of a child, or the legal guardian of a disabled adult, may wish to appoint a standby guardian.  Kentucky guardianship law allows standby guardianship so that if a parent or guardian becomes unavailable to care for a dependent, the transition to the standby guardian will be easy and free from legal hassles.  In some cases, KY guardianship law even allows parents to choose different standby guardians depending on what event triggered guardianship.

 

 

 

 

A brief guide to Alabama guardianship

 

 

When an adult is mentally incapable of taking care of themselves or a minor child requires care, the court system may appoint someone to look after their physical health and mental welfare. Obtaining these kinds of Alabama guardianships is not a process to be undertaken lightly, since it requires you to obtain many different kinds of responsibilities.

 

 

It is important to distinguish between a custodian and a guardian. While the former looks after someone's financial resources, Alabama guardianship requires you merely to look after someone's immediate needs. 

 

 

The rules for who may look after an adult or a child or different. In cases where Alabama guardianships are being appointed for care of a minor child, eligible parties can be anyone who is best capable of looking after the minor. A parent who is not capable of looking after their child still has priority when expressing their wishes on this matter.

 

 

Alabama guardianships for a mentally incapacitated adult is awarded in the following order of preference:

 

 

• To a person appointed to perform this task in a living will

 

 

• The person's spouse

 

 

• A person's adult child

 

 

• A person's parents or the parents' nominee

 

 

• A relative the person has lived with for at least 6 months prior to their incapacitation

 

 

• The person's preference

 

 

Only the courts can validate Alabama guardianships. This process will require you to navigate the court system. Obtaining an Alabama guardianship begins when a person files a petition with the court in their area. A medical professional will examine the person who is need of care and issue a report detailing all of their problems and needs for care. This report will be reviewed by a judge before a hearing.

 

 

During any hearing regarding being appointed to Alabama guardianships, you have the right to request a jury. If your efforts are successful, a judge will issue several documents stating your right to make decisions on behalf of your ward. Keep in mind that this will involve you to work closely with anyone who has been appointed as a conservator. Someone who already has the responsibility of an Alabama guardianship may also take on this role if they wish and the courts approve.

 

 

When you take on this task, you have the right to be aware of the financial resources of your ward. Within 90 years of taking on the role of Alabama guardianship, you should receive an inventory of all of a ward's property. At regular intervals, you will be required to report to the court on the mental and physical health of your ward. 

 

 

Taking on Alabama guardianships is a major responsibility that requires you to work closely with the ward. If the person is mentally incapacitated, you will need to be patient and attentive. A ward who is a minor child must be someone you are on good terms with. Much as in divorce cases, the court's primary interest when deciding on an Alabama guardianship is the child's best interest.