When life takes unexpected turns, knowing about legal guardianship becomes essential. At BruegelPC, we have seen many families uncertain about what a legal guardian actually does. Understanding this role can be crucial during times of separation or divorce. As experienced divorce lawyers, we can explain how appointing a legal guardian can protect your family’s future.
As stated in the information from the U.S. Department of Health and Human Services, a legal guardian is a person appointed by a court to care for another person, especially a minor or someone unable to manage their own affairs.
This guardian has the legal right to make decisions for the individual they are responsible for. They ensure the individual’s basic needs are met, like food, shelter, and medical care.
What is a Legal Guardian?
A legal guardian can make vital decisions for another individual, often including financial, medical, and personal affairs.
In other words, a legal guardian takes care of someone who can’t take care of themselves, like a child or a person with disabilities. They make important decisions about health, living situations, and money. The guardian must always act in the best interest of the person they are helping and make sure they are safe and well.
In concise terms, being a guardian is a big responsibility that involves legal rules and sometimes court supervision to make sure everything is done right. Legal guardians are usually assigned when a person is too young, sick, or otherwise unable to make their own decisions. Their main job is to protect and support these individuals, ensuring their rights and well-being are respected.
Types of Legal Guardianship
There are three main types of legal guardianship: full, limited, and temporary.
Generally speaking, full guardianship means the guardian can make all decisions for the person they’re caring for. This includes choices about medical care, where they will live, and handling money. Full guardianship is usually given when the person can’t make these decisions on their own due to disability or other issues.
Limited guardianship means the guardian can only make decisions in certain areas of the person’s life. For instance, a guardian may be allowed to make medical decisions but not financial ones. Predominantly, limited guardianship is used when the person can make some decisions by themselves, but not all.
Temporary guardianship is given for a short time and is often used in emergencies. This might happen if the person’s main guardian can’t do their job for a while, or if quick decisions need to be made for the person’s well-being.
Each type of guardianship has its own duties and limits. The right type depends on what the person needs and their situation.
Duties of a Legal Guardian
As we already explored, a legal guardian holds the crucial role of making pivotal decisions on behalf of individuals who are unable to make decisions for themselves, ensuring their best interests are always at the forefront.
In other words, taking care of someone as a legal guardian means looking after their physical and emotional needs, managing their money, and always putting their best interests first. A legal guardian has to make sure the person gets the right medical care and education. They must always act in the person’s best interests and follow their wishes if they know them.
In essence, they need to keep detailed records of what they do and be clear and honest about their actions. A guardian needs to stay in touch with the person they care for and with others involved in their life, like doctors, teachers, and social workers. Being a legal guardian is a big responsibility that demands dedication, kindness, and honesty.
How to Become a Legal Guardian
As already explained first, check if you meet your state’s court requirements to qualify as a legal guardian.
For the most part, to become a legal guardian, you usually need to meet a few basic requirements: you must be a responsible adult over 18, be mentally capable, and not have a criminal record that stops you from being a guardian.
Then, you need to file a request with the court to be named as a guardian. In this request, you’ll explain your relationship with the person you want to guard and your reasons for wanting to be their guardian. You might also have to show proof that you can handle being a guardian, like evidence of your income or letters from people vouching for your good character.
To outline briefly, after you file your request, the court will look it over and might set up a hearing to decide if you’re a good fit for the role. In this hearing, you may need to provide more evidence to support your case.
If the court agrees to make you a guardian, you will have to follow some legal rules. This includes regularly reporting to the court about how the person you are guarding is doing and asking the court for permission for big decisions, like changing their living situation or making major health decisions for them.
Becoming a legal guardian is a detailed process and following the law is very important. It’s a good idea to get legal help to make sure you’re doing everything right.
Rights of a Legal Guardian
Adding to what we said, a legal guardian possesses the authority to make critical life decisions for their ward, encompassing education, healthcare, and financial matters.
To cut a long story short, the guardian is in charge of the person’s health, education, and overall well-being. They need to make sure the person is well taken care of and has everything they need. The guardian decides where the person will live and who they can talk to. They must always do what is best for the person and follow the law.
If you think about it, the guardian has to keep detailed records of what they do. It’s important for the guardian to talk openly with the person they are looking after and include them in decisions as much as they can. Sometimes, the guardian might need to get permission from a court before making some choices. Guardians should know their duties and ask for help when they need it.
The End Note
Going back to earlier points, in conclusion, a legal guardian is a responsible individual appointed by the court to make important decisions on behalf of a minor or an incapacitated adult who is unable to care for themselves.
What BruegelPC is suggesting to put money into is, this role requires the guardian to act in the best interest of the individual under their care, providing support and making decisions that will ensure their well-being and safety.
References
1. “Legal Guardianship: Understanding and Developing Uniform Data Collection and Performance Measurement” by Erin Keltner, National Association for Court Management, American Bar Association, 2014.
2. “Guardianship of Persons with Disabilities” by National Guardianship Association, Springer Publishing Company, 2020.
3. “The Fundamentals of Legal Guardianship” by Gary Neal, Self-Counsel Press, 2017.