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What Is Guardianship & Who Is A Guardian?

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Tim Scott
What Is Guardianship & Who Is A Guardian?

The laws of guardianship are administered by the state’s courts. They vary from state to state, country to country. The procedure is also not new: thousands of people experience a guardian being appointed every year, and in some cases, there may have been a guardian appointed even before the person experienced a loss of capacity. Several layers of protection exist to prevent decisions being made solely on the basis of financial advantage. Trust in the system is essential so that you can focus on other matters rather than what will happen should you become unable to care for yourself or anyone else you are responsible for.

 

Guardianship for minors is a very different legal issue than for adults. Guardianship lawyer Fort lauderdale know all too well that families in the midst of a tragedy need help to make sure that the children are cared for properly by someone who will love them and look out for their best interests. A testamentary guardian can be appointed by the will of a person or parent under guardianship. The appointment of a testamentary guardian can be made in any of the ways that a natural guardian can be appointed, except that with respect to an illegitimate child, the mother by succession would take the place of the father. The testator/legislator has provided for several situations in which a testamentary guardian may not be appointed. These include situations such as when there are no surviving parents or when there is no natural guardian available to make an application for appointment.

 

The ideal of being appointed a guardian is that the individual who is responsible for the care and overseeing at least one life. However, as everyone who has filled this role knows, this job title can also mean being a partner in any and every part of the ward’s life. The title carries with it legal responsibilities to ensure that all decisions made regarding the individual who is under guardianship or conservatorship are made in their best interest—a dynamic task given all of the circumstances that surround those decisions.

 

Legal guardianship is not only important for taking care of elderly persons but also infants, children, adults with disabilities, and any other dependent persons in our care. It's a procedure that must be done with great care, but it will benefit you once done as well as the person you are choosing to take care for. By appointing a legal guardian for an infant or minor child, he/she is allowed to make decisions both with and on behalf of the child.

 

A guardianship lawyer can help you determine which type of guardianship is right for you or your family member. Each state has its own laws in regards to guardianship and the roles and responsibilities of your guardian. The more you know about these laws, the more prepared you will be to face them upon your demise. There are multiple types of guardians, and to truly feel that you've done all you can to ensure your dependents will be well-cared for, you should understand the differences. It's important to remember that while guardianship for minor children is usually the first type that comes to mind when you're thinking of estate planning, there are other types to consider, depending on your situation and future needs. In general, there are three basic types of guardianship: Full, limited and joint.

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Tim Scott
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