A legal guardian takes responsibility for another person’s legal, financial, healthcare, personal care, and educational decisions. They may need to file paperwork with the court system and prove their suitability. Adults with disabilities or mental health problems may also require a guardian. Becoming a guardian can be simple or complex, and a lawyer can help.
A legal guardian is a person who takes legal responsibility for another person. This may involve making legal, financial, health care, personal care, and educational decisions for another party. It may also include deciding where the person will live or even providing a residence for the person in need of guardianship. Often, a person who wants to become a legal guardian must file paperwork with the appropriate court system in their jurisdiction and appeal the court to grant them guardianship. In some cases, however, legal guardians are chosen by the parents of the party in need.
Often people think of children when considering people who may need guardians. Sometimes, a child needs a guardian because his parents have passed away, for example, or because they are unable or unwilling to care for him properly. In some cases, however, an adult may need a guardian. For example, if a person has a severe disability and is unable to physically care for themselves, they may need a legal guardian. Similarly, an adult with a mental health problem that renders him unable to make good decisions for himself may need a guardian.
The requirements and procedures that a person must follow to become a legal guardian can vary from place to place. Different countries and even different regions within the same country may have different guidelines. In most cases, however, a person who wants to become a legal guardian must file paperwork with the court system in his or her area, pay the required fees, and prove to the court that he or she should give him legal guardianship of the person in question. In some cases, a person may also need to go through interviews, home studies, and background checks.
Sometimes, becoming a guardian can be a simple and relatively easy process, such as when parents have left a will and have appointed one person as their child’s legal guardian. If no one challenges the guardianship agreement, the process can be short and simple. If one individual wants to become a guardian and someone else challenges the change in court, however, a long and complex legal battle can ensue. This can happen, for example, if a person wishes to become the legal guardian of a child whose parents are alive and hope to maintain guardianship.
Because securing legal guardianship can sometimes be difficult or complex, a person hoping to become a legal guardian may do well to consult a lawyer. An experienced guardianship attorney can be well versed in the laws of the jurisdiction and help ensure that the case goes smoothly. Some may offer free consultations.
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