A legal guardian is someone who is officially appointed by a judge or otherwise is the lawful authority to look after the property and personal interests of an individual, also known as wards. There are different types of guardianship and they include: biological, legal, voluntary, appointed or adoptive guardianship. The type that a guardian would choose for himself/herself depends on the individual’s preference. The most common is the biological guardianship.
An attorney is the best person to consult in case of guardianship or incapacitation. He will be able to make sure that you have chosen the best for you, while keeping your interests safe. It is important to hire an experienced attorney as he/she will be best placed to handle any sticky situations that may arise in the course of your case.
A minor might become incapacitated while living in a home with a parent or guardian. This can happen when the child is emotionally or physically abused, neglected, is homeless and/or is mentally unsound. For minors who are permanently mentally impaired, they cannot decide for themselves and cannot make decisions for themselves. A court has the responsibility to protect them and this is why a guardianship act should be passed before the child reaches the age of majority.
Once the incapacitated minors reach a certain age, a child can apply to the court for guardianship. In doing so, he/she should have provided all the necessary information to enable the court to make a decision. This application should state the reason behind the guardianship and should also state whether the child has been subjected to any harmful or detrimental effects. The application should also state if the child is mentally unsound and will require constant medical assistance, emotional support or both.
The court may either appoint a guardian for the minor or allow a direct court order. Either way, the court will appoint an individual who will oversee the child’s affairs. The court may also appoint a special caregiver who will be responsible for the minor’s welfare. This is usually determined by the psychological and physical needs of the child. Once these two factors have been given, the court may also look into how much financial support needs to be provided and determine the best solution.
Guardianship for the elderly involves a lot more responsibility that choosing a spouse. The court will take into account the standard of living the minor is used to and any hardships that the minor may be experiencing due to his/her incapacitated status. This will help determine the type of guardianship the minor should receive. The court will have to take into consideration any special circumstances relating to the life of the elderly including their relationship with extended family. The judge will take all these factors into consideration when making the guardianship determination, said Georgia’s finest probate attorney.