Guardianship

 

In 2003, my wife and I, along with our 6-year-old son, were in a very serious automobile accident. I spent 48 days in the hospital with a broken neck. Thankfully, we all lived and continued on with our life, but things could have ended much differently.

My wife and I could have easily died in the accident, leaving our 4 children without parents.

This moment in time opened my eyes wide to the importance of Guardianship.

Guardianship is a legal process where a court designates someone to represent the interests of another person. Let’s delve into the purpose and significance of guardianship:

What Is Guardianship?

1. 1. Guardianship involves obtaining the legal authority to make decisions on behalf of someone else. The person appointed by the court to make these decisions is known as the guardian, while the individual over whom the guardianship is granted (whether a child or an adult) is referred to as the protected persons

Why Might a Guardianship Be Needed?

1. 1. 1. Child Guardianship:
         • When there is no available parent to care for a child, guardianship may be necessary.
         • If a child inherits assets (such as life insurance or cash accounts), a guardian over the child’s estate ensures the protection of those assets until the child reaches adulthood
      2. Adult Guardianship:
         • • • An adult may require a guardianship if they are incapacitated due to mental illness, mental deficiency, disease, or other mental incapacity.
             •  In cases where adults cannot take care of themselves, a guardian steps in to make decisions on their behalf¹.

Types of Guardianship:

1. Guardianship over the Person:
   • The guardian is responsible for the well-being and care of the protected person.
   • Personal and medical decisions, including healthcare choices and living arrangements, fall under the guardian’s purview.

2. Guardianship over the Estate:
   • This type of guardianship allows the guardian to make financial decisions for the protected person¹.
   •  
3. Duration of Guardianship:
   1. Once initiated by a court, a guardianship typically remains in place until the protected person passes away², or (if a child) reaches adulthood.

 

In summary, guardianship ensures that vulnerable individuals receive necessary care, protection, and decision-making support when they are unable to do so independently. It plays a crucial role in safeguarding their well-being and interests.

1 familylawselfhelpcenter.org

2 guardianship.org

3 legalshield.com

4 findlaw.com

5 law.usnews.com