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.  

 

 

 

 

What are Idaho Guardianship laws?

 

 

Idaho guardians of minor children are appointed by the state courts to care for children or the children’s assets. Any individual who is not an adoptive or biological parent or who does not have a child custody order filed against them may require a guardianship to care for the children, authorize medical care and enroll them in school. Idaho Guardians can include grandparents or any other close relatives. If the prospective child has substantial assets (over $5,000 as determined by Idaho Guardianship Laws) from working, inheritance, gifts etc., the Idaho guardian is awarded authorization to handle the youth’s state.

 

 

Idaho Guardianship Law: How is a Guardian Appointed?

 

 

Idaho guardianship laws permit courts to appoint Idaho guardians for unmarried minor children when parental rights of the biological Barents are terminated or when the child has been abused, neglected or abandoned. Moreover, Idaho guardianship laws permit courts to appoint an Idaho guardianship when the child’s biological parents are deemed financially, emotionally or mentally ill-equipped to care for the minor child. According to Idaho Guardianship law, abandonment refers to failing to care for or support the minor child for at least six months.  

 

 

ID Guardianship Law: How does the State Choose a Guardian?

 

 

ID Guardianship laws specifically state that advanced disabilities or age will not be weighed or viewed as a reason to refuse an Idaho guardianship so long as the potential Idaho guardianship can adequately care for the minor child. According to ID Guardianship law, a fit Idaho guardian who is named as guardian in a parent’s will possesses authority over others unless the Idaho guardian fails to accept the appointment within 30 days of the notice of an Idaho guardianship proceeding. 

 

 

Idaho Guardianship Law: Child Protective Act

 

 

The Child Protective Act is one of the most fundamental aspects of Idaho Guardianship Laws.  This aspect of ID Guardianship law states that the court can end a guardianship if the Idaho guardian fails to provide adequate care. An Idaho guardianship—according to ID guardianship   law—may be terminated if/when the child no longer needs a guardianship or the guardian is no longer able to care for the child. 

 

 

Idaho guardianship law declares that a child no longer needs an Idaho guardian when he/she turns 18 years of age, dies, marries, is adopted or is placed with another guardian or his/her biological parents. ID Guardianship laws are instituted and maintained by the state’s Department of Health and Welfare; this department will act as an interested party to any Guardianship proceedings involving minor children who are subject to the state’s Child Protective Act. In these cases, the Idaho Department of Health and Welfare will serve the court with all necessary documents to uphold Idaho Guardianship laws. 

 

 

Idaho Guardianship Law: How does the State Terminate a Guardianship?

 

 

According to Idaho Guardianship law, the court may end a Guardianship if the Idaho guardian fails to provide adequate care for the child. The Guardianship will also be terminated when the youth no longer needs a guardian or the guardian is no longer to provide the child with suitable care. 

 

 

If the Idaho guardian is not incapacitated, but wants to terminate the Guardianship, he or she—according to Idaho Guardianship laws—must petition the court and permit new guardians to be appointed. During this time, the Idaho Guardianship is still responsible for the minor child. If the Idaho Guardianship only applies to the minor child’s assets, the Idaho Guardianship will end if the child’s assets no longer belong to the youth. 

 

 

 

Quick Guide to Guardianships in MS

 

 

Mississippi Guardianship

 

 

Most laws concerning Mississippi guardianship are located in Chapter 13 of the state’s revised code.  For a complete listing of all Mississippi guardianship laws, visit the searchable code under the state’s judiciary.  

 

 

If you are thinking about becoming certified for Mississippi guardianships, you should be fully aware of all state law, and you’ll usually want to talk with a lawyer to understand your complete rights and responsibilities as a guardian.  

 

 

Eligibility Factors for Mississippi Guardianships

 

 

Any U.S. citizen in the state of Mississippi can qualify for MS guardianship except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a state citizen for MS guardianship, but a court will consider electing a nonresident if the action meets the best interests of the ward  

 

 

If the Mississippi guardianship involves a minor child, immediate preference is usually given to the parent unless the court appoints another person who is more qualified for the MS guardianship.  If there has been evidence of abuse or neglect from either parent within a home, preference will usually be given for another MS guardianship.    

 

 

Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Also, a guardian ad litem may help within a court proceeding to help the ward through the trial process (such as a lawyer helping a child within a child custody hearing).  

 

 

What are Specific Responsibilities within a MS Guardianship?

 

 

Mississippi guardianships require all of the following duties unless the type of MS guardianship is limited or instituted for the estate of the ward: 

 

 

• providing care, comfort, and maintenance for the ward—sometimes including training and education 

 

 

• the maintenance and care of the ward’s clothing, furniture, vehicle, and other personal property

 

 

• helping the ward receive necessary medical treatment

 

 

• helping the ward to become independent 

 

 

• help the ward receive professional care, counseling, treatment, or any other related service

 

 

The court may also determine that the Mississippi guardianship requires the following responsibilities in some cases: 

 

 

• changing the ward’s residence at request if the next living arrangement assists the ward more than the last living arrangement 

 

 

• arranging for elected surgery or any other medical procedure 

 

 

• consent for withdrawing or withholding life-sustaining procedures

 

 

The Mississippi guardianship may require the above responsibilities permanently if the ward is incapacitated for the rest of their life.  If the court awards temporary Mississippi guardianships, the responsibilities will end, for example, when the child turns 18.  

 

 

How do I file for a Mississippi Guardianships?

 

 

In order to file for Mississippi guardianships, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.  In order to see if you qualify for Mississippi guardianship rights, you’ll have to contact your local county court and obtain information about filing a petition.  

 

 

 

 

Quick Guide to Iowa Guardianships

 

 

Iowa Guardianship

 

 

Most laws concerning Iowa guardianships are located in Iowa Code Chapter 633.557.  For a complete listing of all Iowa guardianship laws, visit the updated searchable code under the Iowa Legislature.  

 

 

The majority of the information about an IA guardianship within this article is found under the Iowa State Association of Counties (ISAC).  For information to expand on this article.

 

 

Eligibility Factors for IA Guardianship

 

 

Any U.S. citizen in the state of Iowa can qualify for an IA guardianship except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a citizen of Iowa, but a court will consider a nonresident if the circumstances are right.  

 

 

If the Iowa guardianship involves a minor child, immediate preference is given to the parent unless the court appoints another person who is more qualified.  Iowa Codes 633.559 and Iowa Code 633.571 discuss Iowa guardianships involving minor children.  

 

 

Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Nonprofit regulations are covered in Iowa Code 633.63-64.  

 

 

What Iowa Guardianships are issued by the Court?

 

 

A court will establish an Iowa guardianship in three different ways:  

 

 

Limited Guardianship

 

 

The court will determine if a limited IA guardianship is necessary and appropriate while first establishing the guardianship, making modifications, or terminating the responsibilities all together.  The limited functions of such an Iowa guardianship are covered in Iowa Code 633.635.  

 

 

Stand-by Guardianship

 

 

These Iowa guardianships are rare.  They can only occur in certain circumstances, and a court must establish this type of IA guardianship as well.  

 

 

Temporary Guardianship

 

 

This type of IA guardianship is covered under Iowa Code 633.558 and only lasts for a specific period of time (e.g. When a minor turns 18).  

 

 

What are Specific Responsibilities of a Guardian?

 

 

Iowa guardianships require all of the following duties: 

 

 

• providing care, comfort, and maintenance for the ward—sometimes including training and education 

 

 

• the maintenance and care of the ward’s clothing, furniture, vehicle, and other personal property

 

 

• helping the ward receive necessary medical treatment

 

 

• helping the ward to become independent 

 

 

• help the ward receive professional care, counseling, treatment, or any other related service

 

 

The court may also determine that the Iowa guardianship requires the following responsibilities in some cases: 

 

 

• changing the ward’s residence at request if the next living arrangement restrict the ward’s liberties more 

 

 

• arranging for elected surgery or any other medical procedure 

 

 

• consent for withdrawing or withholding life-sustaining procedures

 

 

How do I file for an Iowa Guardianship?

 

 

In order to file for Iowa guardianships, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianships is in the best interests of the ward.  In order to find contact information and more valuable information about your local county court, call the ISAC at (515) 244-7181. 

 

 

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.

 

 

 

Guide to Oklahoma Guardianship Law

 

 

Becoming a guardian to a child or a disabled person requires going through a court hearing in Oklahoma.  Understanding OK guardianship law can help you decide whether you want the responsibility of being a guardian.  This guide will explain some of the situations in which Oklahoma guardianship law comes into effect and the types of guardianship available under the law.  If you need more information about a specific type of guardianship or legal advice pertaining to your specific situation, you may want to consult a lawyer with experience in OK guardianship law.

 

 

Guardianship of Minors

 

 

In most situations, a parent has legal responsibility for a minor.  However, if a parent is unavailable or deceased, Oklahoma guardianship law requires that he or she has a guardian appointed.  In some cases, people seek guardianship of children under OK guardianship law when a parent is deceased or severely mentally or physically incapacitated.  Oklahoma guardianship law is also used to appoint a guardian for children whose parent is incarcerated or institutionalized for a mental illness.

 

 

If you become the guardian to a minor, according to Oklahoma guardianship laws you will have the same responsibilities to the child as his or her parent would have.  Biological parents may seek visitation rights (either supervised or unsupervised) according to Oklahoma guardianship laws.

 

 

Guardianship of the Disabled

 

 

The other time when OK guardianship law is used is when an adult lacks the capacity to make personal decisions for him or herself.  If you want to become guardian of a disabled person under Oklahoma guardianship law, this is a very serious responsibility with potentially large financial and emotional consequences.  According to OK guardianship law, guardians may be either individual people or a public or private not-for-profit organization.

 

 

Oklahoma guardianship law is only used when a disabled person lacks the capacity to make choices and would present a danger to him or herself without a guardian to look after his or her interests.  It is considered a last resort and it is unlikely that someone will be awarded guardianship for a person who is only mildly disabled.

 

 

Types of Guardianship in Oklahoma Guardianship Law

 

 

Guardianship of the person, which gives the same responsibilities as physical and legal custody over a child, allows you to make day to day decisions about a person's care and well-being.  Guardianship of the estate, which only extends to decisions about financial issues, is allowed by OK guardianship law when a person has shown an inability to make reasonable financial decisions for themselves.  This type of guardianship is especially common for older adults who have dementia and may tend to fall for scams or otherwise manage their money poorly.

 

 

Limited guardianship arrangements are also permitted by Oklahoma guardianship law.  Under a limited guardianship, the guardian only has specific responsibilities delineated by the family court system.  OK guardianship law allows limited guardianship to take many forms, and if you are interested in becoming this type of guardian, you may want to consult with an attorney to understand the full range of your legal options.

 

 

 

 

A brief guide to South Carolina guardianship law

 

 

People who are mentally or physically incapacitated or minor children have their finances looked after by a custodian. This person's functions are separate from those performed by someone appointed under South Carolina guardianship laws to manage their physical health or mental welfare. 

 

 

Many different people may be appointed to look after an adult who is not capable of living autonomously. South Carolina guardianship law states that a person appointed in a living will, their spouse, parent or adult child, or someone chosen by a relative are all eligible to perform this task. 

 

 

Regardless of the person who is seeking this position, they must be approved by the court system. Pursuing this process through South Carolina guardianship laws will begin with a petition filed by the court. The incapacitated adult in question will be examined by a professional, who will then submit a report detailing the kind of assistance which they require. Prior to any scheduled hearing, a judge will examine this document and evaluate who is best capable of executing the responsibilities in accordance with South Carolina guardianship law.

 

 

During hearings, an "attorney ad litem" will be appointed. Under South Carolina guardianship laws, it is this legal professional's task to represent an incapacitated adult throughout the legal process. Anyone who is seeking to become a guardian may wish to retain an attorney to help them understand the often-complicated technicalities of the law.

 

 

You have the right to request a jury during the hearing. If your petition is granted, South Carolina guardianship laws give you the right to receive a report from any custodian of the property of the person who you will be caring after. A judge will help issue all the documents stating that you have the right to make decisions on behalf of someone. Under South Carolina guardianship law, you will be required to regularly submit reports to the court on the physical and mental health of the person you are caring for.

 

 

Much the same procedures are followed when appointing someone to look after a child. South Carolina guardianship laws mandate that a child's best interests be taken into account at all times. This means that the person who is appointed to this position must be on good terms with a child and able to effectively communicate with them. South Carolina guardianship law does not disqualify someone who is already a custodian from taking on this second responsibility. 

 

 

Think carefully before pursuing this position or agreeing to execute it. South Carolina guardianship laws hold you accountable for the best interests of the minor or adult that you will be looking after. Taking on these responsibilities will require a great deal of time or effort. If the person you are going to be looking after is disabled, South Carolina guardianship law requires you to be patient at all times. People who fear that they may not be able to perform the tasks of this role capably should not agree to become someone's guardian.

 

 

 

 

Guide to Puerto Rico Guardianship

 

 

In situations where a person is unable to make basic decisions for themselves, Puerto Rican courts may appoint a legal guardian for that person.  Both children and disabled people may qualify for guardians under PR guardianship law.  This guide will give you a basic overview of Puerto Rico guardianship laws so that you can understand what types of guardians are available in Puerto Rico.  You may want to consult a PR guardianship lawyer for more information or to initiate legal proceedings to become a guardian.

 

 

Types of Puerto Rico Guardianship: Child Guardians

 

 

There are many reasons why an adult other than a child's parent may be named as their legal guardian.  According to PR guardianship laws, children need guardians when their parents are unavailable or unable to make reasonable decisions about their care.  For instance, a child whose custodial parent has a severe disability or is incarcerated may have a guardian appointed by the court, as well as orphaned children.

 

 

In general, a parent may nominate a guardian under Puerto Rico guardianship laws, and this person will usually become guardian unless this is not in the best interest of the child.  Parents may be required to pay child support to their child's legal guardian in some situations.  If you wish to seek this type of PR guardianship without a parental nomination, you may want to hire a guardianship attorney who can help you evaluate your chances of becoming a guardian.

 

 

Types of Puerto Rico Guardianship: Guardians of the Person

 

 

Not all people who require a PR guardianship arrangement are children.  Some disabled adults are unable to make personal care decisions and must have a guardian appointed for them by the court.  A guardian of the person has the same legal rights and responsibilities with a disabled person that a parent does with a child.  Because this type of Puerto Rico guardianship can sometimes be quite expensive, it is best to talk to a guardianship attorney about your likely obligations before you commit to being someone's guardian.

 

 

Types of Puerto Rico Guardianship: Guardians of the Estate

 

 

If a disabled person is able to make reasonable decisions about day to day personal care responsibilities but is unable to responsibly handle his or her financial matters, a guardian of the estate may be appointed.  This is a common type of PR guardianship arrangement when someone has lost the ability to handle their finances due to old age or dementia.  Guardians of the estate are given financial control over the disabled person's money and accounts according to Puerto Rico guardianship laws, but not over day to day care.

 

 

Types of Puerto Rico Guardianship: Limited Guardians

 

 

Courts may appoint a limited guardian according to PR guardianship laws that has only certain responsibilities.  This type of Puerto Rico guardianship arrangement is common when someone's disabilities create major difficulties for them in one area of life but not others.  These arrangements are highly individualistic and depend entirely on the extent and nature of the guardianship needed at the time by the disabled person.  You may wish to consult a guardianship attorney for any and all questions pertaining to what PR guardianship laws allow a limited guardian's responsibilities to be.