Guardianships Explained

Categories: Guardianship

What Is Guardianships?

According to the National Guardianships Association, a guardianship (also referred to as a conservatorship) is “a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable.” https://www.guardianship.org/what-is-guardianship/

Why Might A Guardianship Be Need?

Taking away someone’s right to choose for themselves, or in the case of a child, taking the rights of the parents away to choose for their child is a very serious matter that the courts do not take lightly. According to Family Law Self Help Center, “A guardianship may be needed over a child if there is no parent available to care for a child.  A guardian over the child’s estate may be needed if the child inherited assets (for instance, life insurance or cash accounts).  This protects the assets until the child is an adult.

Guardianship may be needed over an adult if the adult is incapacitated, meaning the person is unable to take care of himself or herself due to mental illness, mental deficiency, disease, or mental incapacity.  There are a number of alternatives to guardianship that may work better than a court-ordered guardianship.” https://www.familylawselfhelpcenter.org/self-help/guardianship/overview/purpose-and-types-of-a-guardianship

What Are Some Different Types of Guardianships?

Finding the right estate planning attorney to help you with a guardianship is key. Understanding the differences between types of guardianships can help you decide who the best attorney is for your situation. As stated by  Legal Shield, there are the following different types of guardianships:

To read the full article, please click here: https://www.legalshield.com/blog/guardianship/different-types-guardianship/

Local Estate Planners is here to help you navigate through the difficult choice of selecting a guardianship attorney. Use our directory to find the best attorney for you. https://localestateplanners.com/estate-planning-directory/