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Who can become a guardian?<br>An adult chosen by parents. The adults can also choose their guardians if they see a need in the foreseeable future. Family and friends can offer to become guardians. Irrespective of how they choose the guardian, the guardian will have to be legally appointed by law. The guardian has to apply for guardianship in court. The judge considers all the facts of the case before appointing a guardian.<br>
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A legal guardian is someone appointed by the court to make decisions for someone else. Guardianship is necessary when the other person cannot make decisions because they are minors or are mentally incapable. Who can become a guardian? An adult chosen by parents. The adults can also choose their guardians if they see a need in the foreseeable future. Family and friends can offer to become guardians. Irrespective of how they choose the guardian, the guardian will have to be legally appointed by law. The guardian has to apply for guardianship in court. The judge considers all the facts of the case before appointing a guardian.
The court can deny guardianship to some people in the following cases: • If the person has filed for bankruptcy in the last seven years, they will not be allowed to make financial decisions for the ward. • A person suspended from professional practice in the past would not qualify to become a guardian. • A person with a criminal record for domestic violence, child abuse, etc., will not be allowed to become a guardian. When many people want to become the guardian of one ward, the judge will consider the ward’s preference, the relationship, etc. The court may also appoint a public guardian when nobody comes forward to become the guardian.
Types of Guardianship: Guardian of the Person: The guardian makes all the vital decisions for the ward. The guardian takes care of the ward’s healthcare, food, shelter, clothes, safety, etc. The guardian may lookout for a child or an adult. If the guardian is for an adult with incapacities, the guardian takes care of only decisions that the individual cannot make. The capacity of the guardian is well-defined in this case. Guardian of the Property or Estate: The guardian of the property can pay bills and take care of the financial aspects of the person. He cannot interfere in personal matters. The guardian takes care of all the properties like the estates and bank accounts of the individual. The guardian can open and close bank accounts, pay bills, buy goods and services, etc.
Guardianship by Will: If the parents die and have named a guardian in their last will, the named person becomes a guardian. The guardian has to take care of the child till he turns eighteen. Guardian by the document is usually an extended family member or a family friend. Temporary Guardianship: Temporary guardianship is for a fixed period. The arrangement is valid when the parents are unavailable for a certain amount of time. The tenure of the guardian ends at the time decided. Limited Guardianship: The courts do not want the guardians to take undue advantage of their wards. The courts want the individual to have autonomy of his life and property. A limited guardianship allows the guardian to make only those decisions that the minor allows.
The guardian has to act in the best interest of the ward. The guardian has to fill out several forms and visit the court to get the order of guardianship. The court can ask the guardian to report back from time to time. The laws concerning guardians are complicated. It is advisable to hire a family lawyer like the Mongillo law firm to help with the paperwork and other complications. SOURCE CREDIT: https://medium.com/@leomongillolaw/leo-mongillo-explains-who-is-a-legal-guardian-887621322427
