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guardianships

Guardianship may be necessary for either minor children or adults.   A court appointed guardian has the authority to make decisions that affect the person of the incapacitated person (the ward).

 

Adults.   If an adult becomes incapacitated, and is unable to make decisions about their person such as where they will live and what health care they should receive, responsible persons in their life can go to court and petition for a guardianship.  Adults may need a guardianship because of an injury or illness, or as a result of dementia that has left them unable to manage their own personal affairs.   A guardianship is needed when a person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his/her person. 

 

Many times disabled adults need a guardian.  The guardianship can be tailored to permit the protected person to make whatever decisions they are capable of making.

 

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Minor Children.  Guardians for minors are appointed if both parents are deceased or unable or unfit to care for the children for any reason.  A guardian can be appointed with consent of the parents. If the parents are deceased, then the guardians would be permanent, and the court would look to the wishes of the parent expressed in their Will, for example.  The guardianship of a minor terminates when the child reaches age eighteen (18), or when the parent(s) withdraws their consent before the child reaches age eighteen (18). 

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Petitioning for Guardianship.  A petition for guardianship (sometimes in conjunction with a petition for conservatorship) is filed by the proposed guardian with the court, along with various affidavits.  In the case of an adult, the court appoints an attorney for the proposed ward, a physician to give a report to the court about the proposed ward, and an investigator to also make a report to the court. The court hears recommendations from all three of these persons.  The proposed ward can contest the proceeding if they wish.  If the reports recommend a guardianship, it is likely that the guardianship will be ordered by the court.

 

Once it is determined that a guardian is needed, letters of guardianship are issued by the court which give the guardian authority to act on behalf of the ward.

 

 

Annual Reports.  The guardian must file a detailed annual report with the court on court-approved forms.  The guardian needs to attach medical reports from the physician of the protected person each year.  I am experienced in creating new guardianships and assisting clients with the annual reports, if needed.

DISCLAIMER

The information contained on this website is for general informational purposes only and is not, nor is it intended to be,  specific legal advice.  Online readers should not act or refrain from acting upon this information without seeking professional legal counsel.  If you need legal advice, the Law Firm of Zarina N. Aguilar welcomes your contact and inquiries.  However, please be aware that communication with the Law Office of Zarina N. Aguilar via the internet or e-mail through this website does not constitute or create an attorney-client relationship, and whatever you disclose to us will not be privileged or confidential unless  Mrs. Aguilar or Mrs. Bauer has agreed to act as your legal counsel and you have executed a written agreement with the Law Office of Zarina N. Aguilar.  Therefore, always wait until such time as an attorney-client relationship has been established  before providing confidential information.  The material on this website may not reflect the most current legal developments.  The content and interpretation of the law addressed herein is subject to revision.  We disclaim all  liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.   Under certain state rules of professional conduct, the contents of this website may be considered attorney advertising material.

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