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What is a Guardianship?
Guardianship matters require special attention. Often times, a school administrator, medical professional or social worker may tell a parent or caregiver that their loved one needs a Guardianship, but they are unable to appropriately and legally advise them of why and how to go about one.
Who may need a Guardian?
An incapacitated person may need a Guardian if they:
- cannot provide food, clothing, shelter or medical care for themselves
- cannot manage their own financial affairs
- are under 18 years old and their biological parents cannot care for them due to death or incapacity of their own.
What type of Guardianship may be necessary?
A totally incapacitated person may need a Total Guardianship while a partially incapacitated person may only need a Partial Guardianship. Additionally, the incapacitated individual may need a Guardian of the Person to handle his personal affairs such as, determining where he will live, ensuring he receives proper medical treatment, or enrolling him in school, etc. Likewise, he may also need a Guardian of the Estate to manage his bank accounts, manage his business, pay his bills, taxes, etc.
Who determines if a Guardianship is necessary?
The Judge, after reviewing the Physician's Certificate of Medical Exam and other supporting evidence, will determine if an individual is incapacitated, to what degree, which type of Guardianship is necessary, who the Guardian(s) should be, and whether the Guardianship will be permanent or temporary.