Guardianship is the legitimate process of determining the person who will care for your children or any other individual you care for. This can also include elderly people or a close relative who is unable to take care of himself. Once the guardian comes in, he or she takes the takes up the responsibility of care. Some of the responsibilities include housing, food, medical, education, and any other basic needs. Guardianship is held by the probate court.
According to the law, there are two types of guardianship i.e. guardian of the estate and the guardian of the person. The guardian of a person has the right to make health care decisions, medications, education, employment, and decisions concerning the residence of the person. The guardian of the estate has the capability of making financial decisions, paying a bill, and even hiring health care providers. Some states to this guardian as a conservator.
Circumstances when guardianship is necessary
1. A minor
A minor is a person who has not yet attained the age of18 years. If the parents of a child pass, a close friend or a relative can take the role of guardianship. This provision will be more legal when included in the will drafted by the parents. It is easy to choose who will receive custody of your child if you die. By doing so both the child and the family will not have to go through the court system to request guardianship. Since the guardian has already been identified, the child will not have to go to the foster homes. Conflict among the family members is also reduced once you indicate the guardian in the will.
Another scenario where a child needs a guardian is when he or she is insecure at home due to alcohol or drugs. A child’s safety according to the law should be poetized. A close family member can be assigned the duty of ensuring the kid’s security.
Request for guardianship can be made if the parent’s child cannot take care of the child. This can be due to financial situations or frequent domestic violence. The parents may be unable to provide for necessities such as food and even shelter. If the parents are unable to take care of the child, they can request guardianship instead of placing the child for adoption.
Guardianship can intervene when the child is in an abusive situation or even environment. Children in abusive situations can be removed from the parent’s custody and the guardian takes up the role of parenting.
2. An adult
An adult who because of either mental condition or physical condition qualifies to have a guardian. This is because he or she can be substantially unable to provide food, shelter, and even clothing. He or she can sometimes be unable to cater to the health conditions. Age is another factor that makes an adult have a guardian. The elderly people there are sometimes cannot make decisions on their own and even take care of themselves. A guardian ensures the well-being of the person is well taken care of. Guardianship is required in the scenario where the elderly is being exploited by a caregiver. This happens when the elderly adult does not have a close relationship with the family or even friends. The caregiver can start using the elderly adult’s money to cater for his or her expenses. In the case of a disabled adult child, who is unable to take care of himself, then a need for a guardian comes in. In some states like for instance guardianships in Texas once the child turns 18 years; you are not in opposition to making decisions for him. Disability can be caused by Down syndrome, autism, or even traumatic brain injury. You can easily file for guardianship of a disabled child when he or she turns seventeen years old.
Levels of guardianship
There are three levels of guardianship i.e.
1) Full guardianship
In full guardianship, the guardian has total authority over the person. This is because they are in the position to cater to all responsibilities and even make decisions. The decisions and be based on financial, personal affairs, and even legal matters.
2) Joint guardianship
This is whereby the responsibilities are held along with another person.
3) Limited guardianship
This is whereby guardianship is given for specific needs for instance in the case of property.
Types of guardianships
I. Financial guardians
Financial guardians are also referred to as property guardians. A family can decide to have a financial guardian to look after the property and any other investments. These guardians are given legal authority to manage the minor’s property until he or she attain the legal age to own property. You need to appoint a trustworthy person to take care of your child’s inheritance.
II. Personal guardians
A personal guardian is also known as a custodial guardian. You should nominate a personal guardian in your will to take care of the child. Their roles are similar to those of the minor’s parents. Their responsibilities are also like those of parents. For instance, they provide food, shelter, clothing, and even health care.
Many states refer to a conservatory as a guardian for incapacitated adults. An in-capitated individual is not in a better position to make decisions on her own. These can be as a result of some disease such as stroke, dementia or even the person can be in a coma. The duties of this guardian can range from taxes and even bills on behalf of the person.
In summary, guardianship entails many things. The above article gives an overview of what you need to understand about guardianship. It is always advisable to include a guardian in your will if you are the parent of a minor. This will ensure the child continuously gets the parent’s care even in your absentia. An elderly adult requires a guardian to reduce the rate of dependency. This is because he will require one to cater to the basic needs and even the health care services. You can easily acquire guardianship through the legal way by contacting the attorney in your state.