{"id":1274,"date":"2020-02-27T04:31:11","date_gmt":"2020-02-27T10:31:11","guid":{"rendered":"https:\/\/dougnewbornlawfirm.com\/?p=1274"},"modified":"2020-02-27T04:31:11","modified_gmt":"2020-02-27T10:31:11","slug":"all-about-guardianships","status":"publish","type":"post","link":"http:\/\/www.new.lawofficeresponse.com\/dougnewbornlawfirm\/all-about-guardianships\/","title":{"rendered":"All About Guardianships"},"content":{"rendered":"\n

When a child or an incapacitated adult is unable to care for\nthemselves, a guardianship may be required. In today\u2019s post, we\u2019ll talk all about\nguardianships, the limitations, purposes, different types, and working with a\nreliable and experienced guardianship attorney.<\/p>\n\n\n\n

Guardianships protect those individuals who can\u2019t be independent because of infancy (age), disability, or incapacity. In the state of Arizona<\/a>, court-appointed guardianships are given to an individual or an entity. These court-appointed guardians are expected to make crucial decisions and care for an incapacitated adult or a minor, also called a \u201cward.\u201d<\/p>\n\n\n\n

Guardianship of a Minor<\/h3>\n\n\n\n

A court may decide to appoint a legal guardian to care for a\nchild or a minor, who is not their biological child. These appointments are\nassigned in several situations. One of them is when the parents have entirely\nneglected or abandoned the child when the parents have passed, or when the\nparents are not capable of caring for the child.<\/p>\n\n\n\n

\"Guardianships<\/figure><\/div>\n\n\n\n

These court-appointed guardians don\u2019t have to be related to\nthe child by blood. They can be a trusted family friend or any individual that\nthe court feels will have the child\u2019s best interests at heart.<\/p>\n\n\n\n

An appointed legal guardian may also be given custody of the\nchild. In other cases, the guardian may also take over the financials and\nproperties of the minor. There are limited circumstances where an adult is\ncourt-appointed as guardian ad litem.<\/p>\n\n\n\n

Providing the Needs of the Minor<\/h3>\n\n\n\n

The adult with legal guardianship has the responsibility to\nprovide for the child \u2013 whether it\u2019s personal or physical needs. Typically, the\nparents of the minor are still legally obligated to support their child\nfinancially. However, one of the guardian\u2019s primary responsibilities is to\nensure the child is getting food, clothing, shelter, medical care, and\neducation.<\/p>\n\n\n\n

The legal guardian is also allowed to consent for the child,\nincluding making important decision\u2019s about the child\u2019s education and health.\nAs for custody, the guardian can maintain custodial rights until the child\nbecomes an adult. In some cases, a judge can decide if the minor still needs a\nlegal guardian or not.<\/p>\n\n\n\n

Guardianship of the Estate<\/h3>\n\n\n\n

If the minor is left in possession of a substantial amount\nof funds or property, the court can decide to appoint a financial guardian.\nAlso called the guardian of the estate, the responsibility of this guardian is\nto manage the child\u2019s assets.<\/p>\n\n\n\n

Guardian Ad Litem<\/h3>\n\n\n\n

The guardian ad litem represents the minor\u2019s interests in\nany legal proceedings.<\/p>\n\n\n\n

Guardianship of an Incapacitated Adult or an Elderly<\/h3>\n\n\n\n

A guardian or a conservator is appointed by the court to protect the interests of an incapacitated adult or elderly<\/a>. Guardianships in these situations may deprive the incapacitated individual or elderly of some rights. This is why certain essential considerations must be taken before a guardianship appointment.<\/p>\n\n\n\n

The individual has a right to notice. They will also get\nrepresentation by legal counsel for the guardianship proceeding. During this\nproceeding, the individual can attend, present evidence, contest testimonies,\nand challenge witnesses.<\/p>\n\n\n\n

\"An<\/figure><\/div>\n\n\n\n

When the court appoints a guardian, they must respect\nwhatever the ward\u2019s wishes are, giving them as much autonomy and\nself-sufficiency as possible.<\/p>\n\n\n\n

Similar to the guardianship of a minor, guardianship of an\nincapacitated adult or an elderly may involve guardianship of the person, the\nestate, or both.<\/p>\n\n\n\n

Guardianship of the Person<\/h3>\n\n\n\n

These guardianships require the appointed individual to\npreside over decisions concerning the health, care, and wellbeing of the\nincapacitated adult or elderly. Other responsibilities of the guardian include\nconsenting to and monitoring medical care and treatment, arranging professional\nservices, watching over living conditions, and making important life and death\ndecisions.<\/p>\n\n\n\n

Guardianship of the Estate<\/h3>\n\n\n\n

This scenario expects the guardian to take over the\nmanagement of the ward\u2019s estate or property. The priority of the guardian is to\nensure that the ward\u2019s assets are protected. The guardian must also get\nproperty appraisals and allocate income.<\/p>\n\n\n\n

\"Doug<\/figure><\/div>\n\n\n\n

Need Legal Advice About Guardianships?<\/h2>\n\n\n\n

As with any legal proceedings, guardianships can get\ncomplex. Before you file a petition for one, you must ensure that you have a\nguardianship expert on your side.<\/p>\n\n\n\n

A guardianship attorney can help you assess your specific\nsituation. This allows them to recommend the best course of action when filing\nfor guardianship.<\/p>\n\n\n\n

If you wish to speak with us about guardianships, please\ndon\u2019t hesitate to contact our law firm.<\/p>\n","protected":false},"excerpt":{"rendered":"

When a child or an incapacitated adult is unable to care for themselves, a guardianship may be required. In today\u2019s post, we\u2019ll talk all about guardianships, the limitations, purposes, different types, and working with a reliable and experienced guardianship attorney.<\/p>\n","protected":false},"author":7,"featured_media":1275,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[69],"tags":[],"_links":{"self":[{"href":"http:\/\/www.new.lawofficeresponse.com\/dougnewbornlawfirm\/wp-json\/wp\/v2\/posts\/1274"}],"collection":[{"href":"http:\/\/www.new.lawofficeresponse.com\/dougnewbornlawfirm\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.new.lawofficeresponse.com\/dougnewbornlawfirm\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.new.lawofficeresponse.com\/dougnewbornlawfirm\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"http:\/\/www.new.lawofficeresponse.com\/dougnewbornlawfirm\/wp-json\/wp\/v2\/comments?post=1274"}],"version-history":[{"count":0,"href":"http:\/\/www.new.lawofficeresponse.com\/dougnewbornlawfirm\/wp-json\/wp\/v2\/posts\/1274\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/www.new.lawofficeresponse.com\/dougnewbornlawfirm\/wp-json\/"}],"wp:attachment":[{"href":"http:\/\/www.new.lawofficeresponse.com\/dougnewbornlawfirm\/wp-json\/wp\/v2\/media?parent=1274"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.new.lawofficeresponse.com\/dougnewbornlawfirm\/wp-json\/wp\/v2\/categories?post=1274"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.new.lawofficeresponse.com\/dougnewbornlawfirm\/wp-json\/wp\/v2\/tags?post=1274"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}