What You Should Know Before Your File for Guardianship


Guardianship has always been a very important topic. Those who are appointed as a guardian, or those filing for guardianship, should take the responsibility very seriously. As an appointed guardian, you’re responsible and required to make the decisions for someone who’s unable to make decisions for themselves. Although this person is typically child, it could be an elderly or disabled person as well. Let’s take a closer look at what’s expected when you File for Guardianship.

The probate courts are the ones who appoint guardians in the United States. A guardian is only appointed when the ward — the person the guardian looks after — is unable to “manage” themselves. This usually means that the ward is incapable of handling their property, or their needs, because of their age or disability. The court then gives the guardian legal consent to handle the personal and financial decisions of the ward. In some cases, a family member may attempt to force guardianship because of the state of the ward. It’s possible the ward is exemplifying actions that would suggest he or she isn’t fit to properly care for themselves. If the guardian can prove this, the courts will appoint a guardian out of the best interest of the ward.

Before you File for Guardianship it’s important to know the types of guardianship titles that are available. For instance, guardians who are appointed limited control of the ward’s estate are allowed to make certain decisions that pertain to the ward’s finances. Guardianship of the person allows guardians to have limited control over the ward’s everyday decisions — decisions that don’t pertain to his or her finances. However, there’s also another type of guardianship that gives the guardian control over the person as well as their finances.

Guardians tend to have a lot of power and authority after being appointed by the courts, but there are limits they must abide by. For instance, although the decisions made by the guardian can’t be contested by the ward, the ward still has a right to privacy. The ward can also choose to make and legitimize contracts in certain instances. If the guardian begins to abuse his or her rights, the court may opt to appoint a different guardian.

Visit Michaelsangerlaw.com for more information on guardianship.