A child gets a guardian if both parents cannot fulfil their responsibility. Likewise, some parents choose to appoint a legal guardian for their children. That way, they protect their kids in case something happens in the future.
Still, guardianship does not only apply to children. Adults who cannot care for themselves may receive a guardian. The clause: incapacitation or disablement.
This article serves as a guide to guardianship. As such, you learn the concept, the duties, and the powers bestowed upon a legal guardian. Let’s get to it!
Guardianship Definition
Guardianship is a legal agreement issued by a court to a person. This agreement has the court granting that person legal authority over another person. Said authority is on the ground that the person cannot make sound decisions about their welfare and assets.
For the most part, legal guardianship for minors is the most common form. But incapacitated or disabled adults may receive a legal guardian per the court’s orders.
A guardian will take over your parents’ responsibility and ensure your upbringing. In some cases, guardians don’t need to care for you alone. They can arrange for foster homes or an orphanage. But they need a professional to aid them.
Still, the law demands that minors be well cared for until they turn 18 or when the court changes the order.
The role of guardianship lawyers is to advise the guardian on the type of welfare and legal decisions to make. They provide guidance with all the legal paperwork and ensure you understand your legal rights and obligations.
Powers and Duties of a guardian
Becoming a guardian can be a lot of weight on your shoulders, even though you receive certain guardianship benefits. You must attend to the needs of the person under your care.
As such, there are things you must and must not do to achieve this. Likewise, you must report certain things back to the court. So, you must be well aware of your duties as a guardian.
The duties and responsibilities of a guardian vary depending on the type of guardians granted. A guardian may have the authority to make legal, financial, and health decisions for their ward.
The powers and Duties of a guardian are under the two categories listed below:
- Guardian Over Persons
Guardian over persons covers both minors and adults.
For Minors
Guardianship for minors works like this: either the parents are dead or can’t provide for them. In other cases, a minor may need guardianship if their parent’s whereabouts are unknown.
In most cases, the court appoints the legal guardian. And the guardian is responsible for the child until they turn 18. In other cases, relatives may take over custody.
For Adults
This occurs when the court doesn’t believe that a person of 18 years of age or above cannot make basic decisions for themselves.
For a guardian to care for an adult, there must be proof of disability that will be submitted to determine if the adult needs guardianship.
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The kind of adults that enjoy this are the elderly who have experienced a severe mental or physical decline due to old age or sickness.
Moving forward, the duties of a guardian that fall in this category are:
- To provide maintenance for the ward, proper care, quality education, and support.
- Supply basic amenities like shelter, food, clothing, etc
- File an annual report to the court to keep them updated on the well-being and progress of your ward.
- Making sure the protected person is properly trained and educated. Learning a trade for a profession is also helpful.
- Making appointments for medical consultation and treatments.
- Guardians Over Estate
At times, the guardians over persons can also oversee as guardians over the estate.
This means you will be responsible for your ward personally as well as managing their money for his or her benefit.
For Minors
As a guardian, you are tasked with managing and protecting any money and property that belongs to the child. Of course, there are also limits to how you can spend these assets.
You must only use these funds, property, or investments for the child’s benefit with the court’s approval.
For Adults
Guardianship services are employed in this case if your ward cannot manage their own financial affairs but have a lot of money saved up.
As a guardian, you are responsible for preserving and safekeeping your ward’s assets. You can also appraise their property if necessary. You must also appear for the disabled person’s legal proceedings.
Some of the duties you need to perform in this category are:
- File an annual accounting consisting of your ward’s estate incomes, assets, and expenses.
- Provide an inventory of assets within 3 months of being appointed as a guardian.
- Use your ward’s protected estate for the needed care, maintenance, education, etc., to anyone the person owes legal support.
- Protect, preserve and dispose of the estate as stated in the law for your ward’s interest.
How to Become a Legal Guardian
If you are interested in becoming a guardian to an adult or a minor, there are ways to go about it. Knowing the basic steps and requirements that will qualify you is necessary.
A court will appoint a legal guardian for an individual who needs special protection if need be. The process and requirements for appointing a guardian depend on the laws of a state.
The first process will begin with preparing the right guardianship paperwork In court. Once the paperwork is submitted in court, they will access it and determine if granting guardianship is necessary.
When Does Guardianship End?
There are a lot of terms in which a guardianship contract can end. The typical reason is usually when the individual dies.
However, the court might terminate it while the person is still alive to restore their rights. Restoration can occur in the following situations:
- The person’s health condition improves.
- There is evidence that proves that the person doesn’t need the service of a guardian again.
- The person’s support system improves.
Conclusion
You enjoy guardianship benefits when you outperform the role of a guardian. Still, the main goal is to ensure the safety and well-being of your ward. As such, you must take your role seriously.
As a legal guardian, you should seek the advice of a guardianship lawyer to guide you through the process. Not only do they have the knowledge and tools to help you, they make understanding everything much easier.