US GUARDIANSHIP

A guardianship is a court supervised legal relationship established for the benefit and protection of another, called the "ward". Depending on the circumstances, it can be granted voluntarily or forced by the court.

Guardianships are generally for children whose parents can no longer take care of them, or for persons over eighteen years old who are declared mentally or physically incapacitated.

TYPES OF GUARDIANSHIP

Limited guardianship: Depending on the subject matter, some wards can make responsible and informed decisions. For decisions where the individual is unable to exercise sound judgment, a court will sometimes appoint a limited guardian to assist in the decision-making process.

Co-guardianship: Co-guardianship is when two guardians are appointed to protect the best interests of the ward. This often serves as added protection of the ward's interests by ensuring that neither guardian is able to abuse their powers.

Guardian of property: A guardian of property is primarily concerned with providing or managing sufficient monetary resources to care for the ward.

Guardian ad litem: A guardian ad litem is appointed by the Court to protect and manage the ward's interests in any legal proceedings that directly affect them.

Typically, a legal guardian takes on the responsibility of the welfare of a child (who is not their own), with all authority to make decisions on the child’s behalf, just as a parent would. Often a relative or close family friend can be appointed as a guardian if a child’s parents are abusive, have drug problems or are in jail.

However, a parent can choose to have any adult become the legal guardian of their child for any reason. For example, an unwed teenage mother might choose to have her parents become the legal guardians of her child if the responsibility of parenting is a bit more than she can handle while still attending school.

Unlike adoption, though, guardianship does not terminate a parent’s legal relationship with their child. While children are common subjects of legal guardianship, it can also apply to adults. A person unable to care for his/her self or to make sound decisions, such as someone with a mental disorder, brain injury or retardation, may require a guardian to handle their affairs. Limited guardianship is another alternative when the incompetent person can handle some, but not all, of their own care and responsibilities.

WHEN DOES GUARDIANSHIP END?

A guardianship ordinarily lasts until one of these events occurs:

• Child reaches legal age (usually 18)
• The ward dies
• The ward's assets are used up (in the case of a property guardianship)
• A judge determines that a guardianship is no longer necessary

CONSERVATORSHIP

A conservator is someone who has the court-ordered authority and responsibility to manage another adult's finances. Most often, conservatorships are established for people who are in a coma, suffer from advanced Alzheimer's disease or have other serious illnesses or injuries. Conservators are subject to court supervision, which provides a powerful safeguard for an incapacitated adult's property.

PROCESS OF OBTAINING A GUARDIANSHIP

Anyone interested in the well being of the incapacitated person can initiate the guardianship or conservatorship process. An attorney must petition for a hearing in the probate court of the ward's county of residence. The ward is usually entitled to legal representation at the hearing. The court can appoint an attorney if the ward cannot afford one.

In most instances, guardians and conservators are selected amongst the ward's family, relatives or friends. To determine who is capable of being a guardian or conservator the court will look at whether they are:

Playing a significant role in the ward's life

Sensitive to the ward's needs/preferences

Supported by the ward's family

An attorney is usually necessary in order to petition a court for the establishment of a guardianship or conservatorship. Moreover, speaking with the proper lawyer will enable you to understand the complicated legal procure and help to protect the best interests of all those affected.