Children Laws

West Virginia Guardianship Law

West Virginia Guardianship Law

 
 
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.  
 
 

Pennsylvania Guardianship Law

Pennsylvania Guardianship Law

 
 
Guide to Pennsylvania Guardianship
 
 
If you are considering PA guardianship for a child or a disabled adult, you may be wondering what you can expect from the family court system.  Pennsylvania guardianship is a major commitment for any person, and should not be taken lightly.  This guide will explain some of the reasons that a child or disabled adult may need guardianship, and the different types of guardian arrangements available under PA guardianship law.
 
 
Guardianship of Minors
 
 
In most cases, a child's legal guardian is his or her parent, and Pennsylvania guardianship laws do not allow any court hearings to create this legal relationship.  However, in some cases, a parent is not available to take care of a child.  This may be due to the death of a parent in some cases, or a severely debilitating illness.  Children may also need a guardian appointed according to PA guardianship laws if their custodial parent is incarcerated for a long time.
 
 
In cases where a parent is able to suggest a guardian to the court, the parent's choice will be weighted heavily according to Pennsylvania guardianship laws.  Typically a parent's preferred guardian will only be declined by a judge if the person chosen is unwilling or unable to accept the responsibilities of PA guardianship.  Pennsylvania guardianship also allows a parent to specify a stand-by guardian for a child if they believe they may soon be incapacitated.
 
 
Guardianship of the Person
 
 
Disabled people may also be subject to PA guardianship laws.  If a disabled person is unable to care for themselves or make basic personal decisions, the court may appoint a guardian of the person.  This is a type of Pennsylvania guardianship that gives the guardian responsibility for making all day to day decisions about a disabled person's life.
 
 
PA guardianship laws specify a number of responsibilities for a guardian of the person, but there are a few limitations to what a guardian of the person can do.  For instance, Pennsylvania guardianship laws do not allow a guardian to prohibit a marriage or consent to a divorce, or to consent to experimental medical procedures.
 
 
Guardianship of the Estate
 
 
If a disabled person is able to make some personal decisions but cannot reasonably be expected to make decisions about financial issues, a guardian of the state may be appointed according to PA guardianship laws.  Many elderly people have this sort of Pennsylvania guardianship relationship established when dementia makes them incapable of handling their own finances.
 
 
Limited Guardianship
 
 
If a disabled person is able to make some decisions but not others, the court may list specific PA guardianship responsibilities that a limited guardian is assigned to be responsible for.  Limited Pennsylvania guardianship can take many forms, and largely depends on the exact abilities of the person who needs to have a guardian appointed by the court.  When this kind of PA guardianship is assigned, the court will specify exactly what duties and what portion of the disabled person's assets are controlled by the limited guardian.
 
 

Delaware Guardianship Law

Delaware Guardianship Law

 
 
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.
 
 

Alaska Guardianship Law

Alaska Guardianship Law

 
 
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.
 
 

South Dakota Guardianship Law

South Dakota Guardianship Law

 
 
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.
 
 
 

Nebraska Guardianship Law

Nebraska Guardianship Law

 
 
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.  
 
 

Idaho Guardianship Law

Idaho Guardianship Law

 
 
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. 
 
 

Mississippi Guardianship Law

Mississippi Guardianship Law

 
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.  
 
 

Iowa Guardianship Law

Iowa Guardianship Law

 
 
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. 
 
 

Louisiana Guardianship Law

Louisiana Guardianship Law

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.