The court plays an essential role in
setting and maintaining guardianship laws. Under existing guardianship
law the court must authorize a legal guardianship. Therefore, an individual
must file a petition with the court in order to obtain guardianship of a minor
or disabled adult. Once the
paperwork has been filed, a hearing will take place in front of a judge. If
there is a dispute over the guardianship of an individual, then evidence will
be presented to the judge in order to support the claims of both parties.
The court
will investigate the home of the petitioner in order to ensure that the
petitioner is able to provide the child with a safe and stable home in which
the child can prosper. The judge is responsible for reviewing and analyzing the
evidence in order to determine what is in the best interest of the child.
Guardianship
law gives the judge the power to determine who should receive guardianship of
an individual. Once the judge appoints a legal guardian, then the court acts as
a superior guardian and ensures that the individual who was named legal
guardian continues to uphold guardianship laws.
Guardianship law requires an individual who has
been appointed as a legal guardian to follow all of the orders dictated by the
court regarding the guardianship. Guardianship laws require a legal guardian to
take inventory of all of their ward’s assets and provide the court with a list
of the assets. In many cases, the guardian must file a yearly financial report,
which includes receipts illustrating how the ward’s money is being spent, as
well as the remaining finances.
If the legal
guardianship has been appointed over an incapacitated adult, then guardianship
law requires the legal guardian to complete an annual report which describes
the ward’s physical and mental health, and they must show evidence that the
ward continues to need their guardianship. If the legal guardian does not
continue to abide by guardianship laws, the court may order the guardian to
appear in court. If the judge feels that there is cause to look into the
actions of the legal guardian, then guardian law allows the court to order an
investigation.
If the court
decides that the guardian is not providing proper care, then guardianship laws
permit the judge to remove the ward from the care of that guardian. If the
court believes that the parents of the child are able to properly care for the
child or if an incapacitated adult recovers sufficiently to be able to care for
themselves, then the judge is able to terminate the guardianship.
The court
has the ultimate authority in all guardianship cases. The court has the power
to permit or terminate a guardianship at its discretion. The court will ensure
that the child, or the incapacitated adult, are receiving proper care and are
not being taken advantage.
