|
GUARDIANSHIP
- What is Guardianship?
A guardianship is an involuntary trust relationship in
which one party, called a guardian, acts for an individual
called the ward. The law regards the ward as incapable
of managing his or her own person and/or affairs.
- What are the duties of a Guardian?
A guardian may be appointed either a guardian of the
person, a guardian of the estate or both. A guardian of
the person has custody of, controls, and protects the
person of the ward. A guardian of the estate controls
and protects the assets or property of the ward.
- Are there alternatives to Guardianships?
Yes. In many situations where there is no disagreement,
a Power of Attorney, properly signed, may serve as an
alternative to guardianship. Also, individuals may establish
an inter vivos trust naming a trustee to manage their
property.
- Does the person under Guardianship have any rights?
The prospective ward has the right to be present at the
hearing, to contest any application for guardianship,
to have a record of the hearing taken, to have a friend
or family member present at the hearing, and to be represented
by an attorney. A prospective incompetent ward has the
additional right to present evidence of a less restrictive
alternative, and, if indigent and requested, to have an
attorney and independent expert appointed at Court expense.
- How do you know if a Guardianship is necessary?
A guardian may be appointed for either an incompetent
or minor, which are defined by statute as:
Incompetent: Any person who is so mentally impaired
as a result of a mental or physical illness or disability,
or mental retardation, or as a result of chronic substance
abuse, that he is incapable of taking proper care of himself
or his property or fails to provide for his family or
other persons for whom he is charged by law to provide,
or any person confined to a penal institution within this
state.
Minor: Any person under 18 years of age who has
neither father nor mother or whose parents are unsuitable
to have custody and tuition of such minor, or whose interests,
in the opinion of the Court, will be promoted.
|
