The guardian owes the ward a fiduciary duty to responsibly manage their property. An individual that is appointed the guardian of the estate is responsible for maintaining the minor’s financial and/or other assets until such time as they are able to do so themselves. The legal guardian will be in charge of the minor’s: If the minor’s parents are still living, they are legally required to financially support the child. They have the right to legally consent on the minor’s behalf. An individual that is appointed guardian of the person is responsible for the minor’s physical and personal needs. It is also important to be aware that there are two sets of legal rights that may be awarded to a guardian. Any other relevant information regarding the character of the proposed guardian. The relationship between the proposed guardian and the child’s family and.The ability of the proposed guardian to provide proper care to the proposed ward.The stability of the environment provided by the guardian.The court will weigh many factors, including: It is important to be aware that in cases of minor children, the court will use the best interest of the child standard in appointing a guardian. Surrender their parental rights and/or.A court may appoint a guardian for a minor child in cases where their parents: The individual petitioning for guardianship must show why the potential ward requires a legal guardian. The requirements and rules for guardianships will vary by state, which is why it is essential to have an attorney’s assistance. Usually, if an individual is petitioning to become a legal guardian for another, it is someone they care about and want to ensure their best interests are protected. In some jurisdictions, a guardianship is referred to as a conservatorship. In most situations, a ward is a minor child, a senior citizen, and/or an individual with severe mental and/or physical disabilities that prevents them from caring for themselves. It is usually appointed by a probate court, but an individual can petition a family court to become a legal guardian as well. Guardianship is an important role for any individual to take on. The first step to preparing for a strong guardianship case is hiring an experienced guardianship lawyer. Are You a Lawyer? Grow Your Practice How Can I Prepare for a Strong Guardianship Case?
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