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Legal Guardianship

What Are Reasons for Legal Guardian Appointment

What Are Reasons for Legal Guardian Appointment

Family law recognizes a number of circumstances in which a legal guardian should be appointed. There are many situations in which children are living in unhealthy and unhappy environments. Family laws will allow a relative or a friend of the child’s family to file legal forms with the local State court to petition for legal guardianship.
In cases of abuse and neglect, family law will recognize that taking guardianship rights away from the child’s parents and giving this responsibility to an appointed guardian would be in the child’s best interest.
In many cases, the parents of a minor are unable to care for the child or do not make enough money to afford the responsibility of supporting the child. The child may not be receiving adequate care. Food may be sparse and medical care may not be feasible. The parents of the child may not be able to afford housing or other basic necessities, such as clothing.
The house in which a child is living may be unsafe due to alcohol and drug abuse by the child’s parents. In situations such as these, family laws will allow a responsible individual to petition the local State court in order to assume responsibility of the child and to provide them with proper care and a better life. 
Family laws also allow the parents of a minor to appoint a legal guardian for their child. The individual that the parents choose will assume the responsibility of caring for the child, and family laws will recognize this individual as the child’s new legal guardian. This may occur if the parents of a child feel that they are unable to care for the child and that there is someone else who would be better able to care for the child and provide the child with more opportunities.
Many times parents will create a will and specify who they want to obtain legal guardianship of their child in the event that they die. If something should happen to the parents of the child, then, in most cases, family law will acknowledge that the child is now the responsibility of the individual that the parents appointed.
In some cases, the court will decide that the individual that the parents appointed as the legal guardian is unfit to handle the responsibility. In situations such as this or if the parents of a child did not choose a guardian, then family law allows the court to appoint a guardian for the child. The guardian that they choose will usually be a relative or a close friend. 
In many family law cases, especially in situations of divorce or abuse, the court will appoint a guardian ad litem. The guardian ad litem is usually an attorney and is responsible for representing a child and the child’s wishes in a guardianship case. The guardian ad litem ensures that the child’s best interests are being considered. Family laws and the regulations involved with appointing a legal guardian have been instituted in order to protect children and make sure that they receive adequate care.

Make Sure You Know The Responsibilities of a Legal Guardian

Make Sure You Know The Responsibilities of a Legal Guardian

If the legal guardian is struggling financially, then they can request that the parents of the child provide child support, or they can request assistance from Government organizations, such as Temporary Aid for Needy Families. Children law also declares that a guardian must ascertain that the child is attending school on a regular basis and is receiving a proper education.
Under current children law, the guardian is able to choose the school that the child attends, but must invest time with the child to make sure that they are doing well in school. If any special education or assistance is required, then the guardian is responsible for arranging it. 
Children laws state that a child’s legal guardian is responsible for ensuring that the child has access to proper healthcare. If a child is sick, then the guardian must make sure that the child visits a doctor and receives treatment. Under children laws, a child’s legal guardian is to approve most medical treatments, as well as therapy and counseling. However, in non-emergency situations, children laws may require a guardian to obtain approval from the court before they agree to administer some forms of medicine, or before they agree to surgery. 
Children laws ascertain that a legal guardian is responsible for making sure that a child is behaving properly. If a child breaks the law or causes damage to property, then the legal guardian of the child can be held responsible. The legal guardian of a child may be held responsible if the child injures someone. A legal guardian is also responsible for providing the child with a safe living environment.
Like a parent, guardians need to support the child both emotionally and financially. They need to provide the child with love and protection. Children law also recognizes that, along with the responsibility, a legal guardian receives many rights regarding the upbringing of a child. A legal guardian is permitted to raise the child how they choose, as long as it is not physically, psychologically, or emotionally abusive.
For example, children law allows a legal guardian to raise a child in their care to follow whatever religion that the guardian chooses. Likewise, children law allows a guardian and the child that is in their care to live in any location that the guardian chooses, as long as the guardian notifies the court.
It is important to remember that under current children laws, the court has the ability to order visitation rights to the family members of the child. Therefore, if the court rules that the mother or the father of the child is allowed to have supervised or overnight visitation rights, it is the guardian’s responsibility to adhere to this decision.

What Are The Usage with Disabled Individuals

What Are The Usage with Disabled Individuals

Children who have been abused, neglected, or abandoned by their parents are not the only people who require a legal guardian. Often, physically or mentally disabled individuals, as well as elderly individuals suffering from dementia or Alzheimer disease, also need a legal guardian to be appointed in order to look after them and their estates and finances.
In order for a guardianship to be established, the individual who wishes to become the guardian of the incapacitated adult must complete guardianship forms and return them to the county clerk’s office along with a filing fee. The guardianship forms will require the petitioner to list all of the assets of the incapacitated adult so that the court may determine the appropriate amount that the guardian bond should cover. The court takes into account all of the incapacitated adult’s estate when they are considering guardian bonds.
Guardianship bonds must be submitted to the court in order for the petitioner to secure guardianship of an individual. Guardianship bonds must be for an amount that is equal to or exceeds the value of the incapacitated adult’s estate. Guardianship bonds ensure that a legal guardian will not abuse their power and authority and that they will carry out their responsibilities to the best of their ability, as well as provide the incapacitated adult with care and support. If they abuse their power or do not perform their duties adequately then the guardian is in danger of forfeiting the guardianship bond.
Once the guardianship forms have been filed, the court will schedule a hearing. The court will require information regarding the reasons for which a legal guardianship is necessary. The petitioner will be required to provide the judge with evidence that the individual that they are seeking guardianship of is physically or mentally incapable of caring for themselves, or that they are not capable of making sound financial decisions.
Once the court reviews all of the evidence of the case, the judge will either grant the petitioner guardianship rights to the incapacitated adult or determine that the individual is not in need of a legal guardian. If the judge determines that the individual is in need of a guardian and that the petitioner would be the most appropriate option, then the judge can appoint the petitioner to be the guardian over either the incapacitated adult’s person, the estate, or both their care and their finances. The judge will then outline the type of guardianship bond that is required and how valuable the guardianship bond should be.
Once the judge has appointed a legal guardian for an incapacitated individual and the guardianship bond has been filed, the authorized legal guardian will assume the rights and responsibilities that are associated with caring for the person and their assets. The legal guardian will be required to provide the court with a yearly statement of how their ward’s finances are being spent and what assets remain. If the guardianship is terminated, either by the court or due to the death of the incapacitated individual, then the guardian loses their guardianship rights and any guardianship bonds are void.

Conservatorship vs Guardianship

Conservatorship vs Guardianship

A guardianship is established when a child is
removed from the care of their parents, and the responsibility of the child’s
care is given to another individual. The guardian assumes all of the
responsibilities that a parent would possess. This may occur for several
reasons. A child’s parents may not have the financial ability to provide
adequate care for the child, or the parents may feel that another adult would
be better suited to care for the child.

In a guardianship, the individual
who has become accountable for the child has the power to make any decision
regarding that child, their upbringing, and their future. This includes
decisions that may affect their mental or physical health. For example, in a
guardianship, the guardian has the ability to agree to medical care, as well as
to counseling and therapy.

In a guardianship, the guardian
is required to provide the child with all physical necessities and is also
responsible for ensuring that the child is receiving a proper education. The
child’s guardian has the ability to decide what school the child will attend,
as well as what religion they will study. While a guardianship is most commonly
established for the care of a minor, a conservatorship usually refers to the
care of an adult who is unable to care for themselves or make effective
decisions.

The term conservatorship refers to the legal process in which an
individual, the conservator, is placed in control of another individual’s
estate. Unlike in a guardianship, in a conservatorship the conservator does not
have control over the decisions regarding the disabled’s body, health or
medical care. The conservator is only given power over the finances and
possessions of the incapacitated individual.

A conservatorship is most commonly
put into effect for elderly
 individuals who are not able to
make effective financial decisions for themselves or individuals who are
mentally disabled
. In order to
establish a conservatorship, the individual who is looking to become the
conservator must file a petition with a court. They usually must also include
medical records that will offer proof that the person is unable to care for
themselves or make effective decisions regarding their finances.

The
incapacitated person can choose to protest the establishment of a
conservatorship. If this occurs, a court hearing will be carried out for the
purpose of determining whether or not the conservatorship is actually
necessary. The person who is petitioning to become the conservator will be
required to provide evidence that the incapacitated individual is unable to
care for themselves. If the individual that is seeking to become the disabled’s
conservator can provide sufficient proof and convince the judge that these
measures are necessary, then that individual will be placed in control of the
incapacitated’s finances.

The
conservator should use this power in order to delegate how the disabled’s money
will be spent. For example, the conservator will decide how much money to spend
on food for the incapacitated, as well as how much money to set aside for
medical care. 

Easy Guide to Legal Guardianship

Easy Guide to Legal Guardianship

Definition
A legal guardian is an individual who legally assumes the responsibility of providing another person with care and support. A legal guardian may be appointed for a child or for an adult who is deemed incompetent.

Reasons for Legal Guardian Appointment
There are many situations that would warrant the authorization of a legal guardian. If the parents of a child are no longer able to provide the child with adequate care and support, then a legal guardian may be appointed to look after the child. 
There are numerous reasons why a parent would no longer be able to provide their child with care. If the child is living in an unhealthy or unstable environment, then a judge may decide that it is in the child’s best interest to be placed in the care of another individual. If the home in which the child is situated is dangerous or detrimental to the child, then the child may be removed from the environment and placed into a new one.
If the parents of the child are unfit to care for the child for any reason, then a legal guardian may be appointed to assume the responsibility of providing care to the child. A legal guardian may be appointed if the mother and father of the minor are temporarily unavailable to look after the child. There are many specific situations that require the authorization of a legal guardian for a child. 
A legal guardian may also be appointed for an adult. This is common if an adult is legally or mentally disabled and is unable to care for themselves.

Responsibilities of a Legal Guardian
Becoming a legal guardian is an extremely large undertaking, and an individual who is granted legal guardianship rights to a child is charged with many new responsibilities. The child’s legal guardian will acquire all of the responsibilities that a parent would possess. A legal guardian must ensure that the child is provided with all of the important necessities. Basic necessities must be accessible to the child at all times. 
The legal guardian of a minor must assure that the child is fulfilling all of their responsibilities, such as attending school. A legal guardian must also maintain the child’s health and well-being. It is essential that a legal guardian provide a child with an environment in which they can prosper both mentally and physically. An individual who chooses to become a minor’s legal guardian should be loving and supportive of the child. 
In the case of an incapacitated adult, a legal guardian has the responsibility of looking after the care and the estate of their ward. The guardian needs to ensure that their ward is being cared for properly. Many times a guardian will be responsible for protecting their ward’s finances. If a legal guardian does not uphold any of their responsibilities or if the guardian takes advantage of their rights and power, then the court has the authority to terminate the guardianship. 
Process of Becoming a Legal Guardian 
The process of becoming the guardian of a child or of an incapacitated adult requires precise and detailed legal proceedings. The process begins when the person petitions a court for guardianship. 
Other Concerns

An individual who is considering petitioning a court for guardianship rights to a minor may experience many concerns and a great deal of apprehension. Assuming the care and support of a child is a very large responsibility. Many individuals who are considering undertaking the legal guardianship of a child become worried about the financial burden that a guardianship will entail. The guardian will have the responsibility of providing the child with all of the necessities, such as food and clothing, as well as any financial assistance that the child may need. 
The guardian will also be required to supply the child with a warm and comfortable place to live. The petitioner may not be financially capable of paying for these expenses, and oftentimes a legal guardian receives no financial assistance. 


Types
There are numerous situations that call for the authorization of a legal guardian. Therefore, there are many different types of legal guardians. There are legal guardians who are appointed for only a specific period of time. This may occur if the parents of a child are in an emergency situation.

Disabled Individuals
Many times, a mentally or physically disabled individual will need to have guardianship established. A legal guardian is also often appointed for elderly individuals who suffer from dementia or Alzheimer disease. An incapacitated adult may not have the ability to adequately care for himself/herself, and therefore, a guardian will be appointed to ensure that they are receiving the proper care. The legal guardian will be responsible for making decisions regarding the individual’s healthcare and medical treatment, as well as any decisions that may occur in day-to-day life.
An incapacitated adult may not be able to manage their monetary funds and may be unable to make effective decisions regarding their finances. In situations such as these, the judge will appoint a guardian to have authorization and control over the individual’s assets and estates.
In order for an individual to be granted the responsibility of legal guardianship of an incapacitated adult, the petitioner must first secure a guardianship bond in order to ensure that they will not take advantage of their rights and authority. 

Conservatorship vs. Guardianship
When a guardianship is established, the individual who was granted guardianship rights to an individual will usually have control and authority in decisions regarding their ward’s body, care, and day-to-day activities. In most cases, the guardian will also be responsible for maintaining and protecting their wards’ assets and estate. When the term guardianship is used, it is most commonly describing a child who has been placed under the care of a legal guardian. 
On the other hand, the term conservatorship is generally used to refer to a person gaining the responsibility of managing another individual’s estate. A conservatorship is usually set up in order to protect the assets and the estate of an incapacitated adult. An adult who suffers from a disability or an illness may not be able to make effective decisions regarding his/her finances. Therefore, a conservator is appointed to administer the individual’s finances. Unlike in a guardianship, a conservator receives no rights or authority in decisions regarding the ward’s body or care. 

National Guardianship Association
The National Guardianship Association is an organization that was created in order to educate and train individuals on how to be excellent legal guardians. Individuals who decide to join the organization receive excellent benefits, including discounts on publications and discounted access to the annual conference that the organization hosts.
The National Guardianship Association produces a variety of publications that outline the proper ethics and conduct of a legal guardian. They also provide a calendar of events which includes numerous conferences around the United States throughout the year. If a member decides to attend one of the conferences, then they will have the opportunity to discuss guardianship with professional guardians, as well as ask any questions that they may have.
The organization also provides review classes for the national certification exam. The National Guardianship Association provides its members with a wide array of resources that will assist them in becoming the best guardian that they can be.