Clio says that state courts handle about 66 million cases every year, and almost 3.8 million of those are family law cases. Out of these, 290,000 were guardianship cases.
Guardianship lawyer J. Tyler Cox states that guardianship is a legal arrangement in which a court chooses someone to take care of the personal and financial affairs of someone who can’t do it on their own.
When it comes to guardianship, the entire legal landscape could seem overwhelming and daunting. Whether it’s for a minor, an incapacitated adult, or somebody with special needs, one should really be aware of their options.
Family lawyers deal with these matters and would give you advice always tailored to your situation. There are particular characteristics to every type of guardianship, and finding the one that fits your needs is important. Here are the different types of guardianship you can choose.
Guardianship of Minors
Minors’ guardianship is a legal relationship wherein a person assumes the role of a guardian to ensure the welfare of a child. Such responsibility includes determining school, treatment, or even care. You would have to file a petition in court to establish your rights as the legal guardian.
It is necessary for you to gather any papers that may be required: identification direct to the child, plus information concerning the child’s background. You must also convince the Court that the guardianship is in the best interests of the child.
Family lawyer Christine R. James states that a family lawyer assists individuals in changing or terminating guardianship through the appropriate legal channels, particularly if circumstances change, such as when a parent becomes capable of caring for their child again. They can help you with this process and enlighten you as to the rights and duties that go with being a guardian.
Guardianship of Incapacitated Adults
Guardianship of incapacitated adults is a legal system established when one party assumes that the other is a person incapable of decision-making due to an adverse mental or physical condition.
This often arises in situations where a person suffers from dementia, rather severe mental illnesses, or very serious types of disabilities. On becoming a guardian, you may be called upon to make decisions relating to the person’s medical care, finances, or living arrangements.
You have to go through the entire legal procedure so that you can take charge of what is in the best interest of the incapacitated adult.
It might be wise to go over some of the particular premises of the guardianship with a family attorney to be sure that you have been acting in good faith and within the law while upholding the best interests, dignity, and welfare of the person placed in your care.
Limited Guardianship
A limited guardianship permits you to take responsibility for specific areas in an incapacitated adult’s life while also maintaining their autonomy in other respects. It’s most useful in cases where the individual can handle certain things but needs assistance with others.
For example, you might be handling their money while they retain control over personal matters. By targeting the limited facets of their life, the inadequacy of the incapacitated adult is greatly offset, and the limited guardianship can actually set up the incapacitated adult to be involved in making life choices.
In connection with a limited guardianship, the parties are obligated to clearly specify which aspects will be under the guardianship and which aspects the incapacitated adult shall retain. Work with a family lawyer to make sure you follow this process correctly so you both know what to expect regarding your roles and rights-the incapacitated adult and yourself.
Temporary Guardianship
If an incapacitated adult in need of care has to be immediately cared for, but no long-term really any kind of commitments need to be made, those temporary guardianship might be considered for the task. Temporary guardianship allows the guardian to make interventions and decisions for the incapacitated adult concerning finances, medical treatment, or merely looking out for their daily needs.
A temporary guardianship is never for an indefinite duration, perhaps an example being 6 months, depending on the laws of your state. An excellent answer to unexpected urgent problems is when a family member suddenly gets hospitalized or something comes up on the family side.
Hiring a family lawyer will surely expedite this whole legal procedure so that everything is done correctly and efficiently. This way, you get to offer the necessary support without binding yourself indefinitely.
Guardianship for Individuals With Special Needs
Trying to work through the legal guardianship for a special-needs family can sometimes be overwhelming, you must study what they can do for themselves and how much assistance they actually need.
Contact an experienced guardianship family lawyer to help with the legal options as well as to protect the basic rights of your loved one. The lawyer is supposed to help you make intelligent choices in matters of health, education, and personal growth. Remember, you are not on your own; help is there to secure the future.
Also Read: Navigating Family Matters: Your Comprehensive Guide to Family Lawyers
