I get to help others protect their family. As a lawyer, guardianship cases are among my favorite types of cases to handle. If you have a loved one who cannot care for himself, becoming a guardian can be one of the most loving acts you can do. Many courts will require you to regularly file a report with the court in this report, you must account for your activities as guardian. If you do not act in the best interests of the ward, you may be civilly sued, or even criminally prosecuted. If you are a guardian, you must act in the best interests of the ward and may not take advantage of the ward or use the ward’s assets for your own personal gain. A judge may also appoint you the “limited guardian,” which means you have control over only certain parts of a ward’s life. However, these states will allow such a person to become guardian over a ward’s person. Some states will prohibit someone who has declared bankruptcy or is unable to pay debts as they become due from acting as guardian over a ward’s property. Or, the order may grant you guardianship over both the ward’s person and property. The order may grant you guardianship over the ward’s “property,” meaning that you can handle the ward’s financial affairs and other matters relating to property. The order may grant you guardianship over the ward’s “person,” meaning you can decide where the ward will live and make medical decisions for the ward. Typically, the judge will sign a court order, and the order will specify what powers you will have as guardian. Improperly drafted guardianship documents could cause serious harm to your loved one. So, you should definitely retain a lawyer to represent you in a guardianship proceeding. The process of becoming a guardian is very complicated, and few non-lawyers can handle it on their own. You are unable to pay debts as they become due.You have a conflict of interest that would prevent you from serving as guardian (for example, if you owe money to the ward).You are not legally present in the United States.You have been convicted of certain crimes.Depending on your state, you may not be allowed to act as guardian if: Many states have laws that prohibit certain persons from acting as guardians. Some judges will want to personally meet the prospective ward to determine whether the person is incapacitated. Different judges require different forms of proof, but, often, judges will require a statement form the ward’s doctor that a guardianship is necessary. However, the judge may first require you to present proof that the prospective ward is actually incapacitated. If there are no objections, the judge may appoint you guardian. If anyone objects to the guardianship, the judge will hold a trial and decide whether you should be appointed guardian or whether the objections are valid. Also, in some emergency guardianships, the court will quickly set a hearing, but will require you to give notice if possible.Īt the hearing, any person who receives notice of the guardianship has the right to object to the guardianship. Generally, though, in an emergency guardianship, the court will set a review date and you must give notice of the review date to all necessary parties. If there is an emergency, you may be able to obtain a temporary guardianship without giving notice. Often, you need to give notice to the ward, the ward’s relatives, and any government agency providing services to the ward. You must provide notice of the hearing date to certain persons (determined by state law). When you file your petition, you will get a hearing date. Generally, you need to file a petition in the court in the county where the prospective ward resides. However, because guardianship law is generally a matter of state law and is different in every state, you should seek a lawyer licensed in your state if you are interested in filing for guardianship. This post discusses guardianship law as it exists in many states. Thus, you may need to file for a guardianship in order to protect your relative. If your relative is incapacitated and unable to handle their own money, then they may be vulnerable to con artists who take advantage of them. You will also need to be appointed legal guardian if you want access to your loved one’s bank accounts. You will need a guardianship to consent to the ward receiving medical care. If you have a parent or loved one with Alzheimer’s (or another disease that makes them mentally unable to handle their own affairs), you may need to seek a guardianship over your loved one. because of the other’s infancy, incapacity, or disability.” A guardian’s power over the other person (called the ward) is similar to that of a parent over a child. According to Black’s Law Dictionary, a guardian is “one who has the legal authority and duty to care for another’s person or property, esp.
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