3 Situations Where You May Need To Seek Guardianship
3 Situations Where You May Need To Seek Guardianship

3 Situations Where You May Need To Seek Guardianship

3 Situations Where You May Need To Seek Guardianship

The term guardianship is loosely defined as a legal process where a court appoints someone to care for and make important decisions on behalf of a person who is unable to care for or make decisions for themselves. When we hear the term guardianship, our minds immediately think of situations that involve a minor child. But it’s so much more than that.

The topic of guardianship is very detailed and depends on many different factors. But for today’s article, we want to point out the three general situations where you may need to seek guardianship over another person:

Minor children who have no one to care for them

In normal situations, parents will always have the legal right to make decisions for a child. But if both parents are deceased, incapacitated, have abandoned the child, or have voluntarily relinquished or had their parental rights removed, there may be just cause to have someone else assume guardianship of the child. This person could be a family member, friend, or a court-appointed person. They will be able to make personal and medical decisions for the child, including where the child will live and go to school.

An elderly adult who needs to be cared for

There are plenty of situations where an older adult eventually reaches the point in their lives where they cannot care for themselves, whether it be with financial decisions or everyday activities. In these instances, a court can appoint a guardian who can decide where the older person will live, how their finances are managed and other important decisions.

An adult has become mentally or physically incapacitated

This is one of the more sad situations of necessary guardianship. In these situations, an adult can no longer care for themselves or make decisions because of mental illness such as Alzheimer’s Disease or Dementia, mental incapacity, or another catastrophic injury or illness. A guardian would be able to make decisions ranging from financial choices to medical care, end-of-life care, etc. until the person regains the ability to care for themselves or passes away.

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Source: Nelson Law Group