Physical and mental disabilities do generally Impose limitations to making decisions, and it is only right for such person to apply for guardianship and get a legal guardian. Guardianship is a crucial legal tool that allows decisions involving finances, medical and health conditions, property management, and also education to be made by a legal guardian on behalf of the ward. Guardianship is an essential legal tool for both minors and adults.
Types of Guardianship
The court considers the needs of the ward in appointing a guardian and more importantly, the appropriate type of guardianship. There are various types of guardianship which reflects the extent of legal power or decision making power given to the guardian to make decisions on behalf of the ward. The common types of guardianship are:
Full guardianship
Limited guardianship
This type of guardianship relationship is granted by the court when the ward is capable of making some of their decisions about personal care but are unable to handle complex decision issues relating to investments, health care etc.
Co-guardianship
Are grated when the courts permits two legal guardian to make decisions on behalf of a ward. This types of guardianship is majorly used to check the excess of either of the guardian and to prevent the abuse of power.
Why you need a guardianship attorney Brooklyn
A guardianship attorney Brooklyn can help you with all guardianship issues, from filing the appropriate documents, to ensuring your legal rights are still maintained even during guardianship, represent your best interests in court and a file a case to contest a guardianship if needed.
In cases where a child can express his wishes through a guardianship attorney, the court issues a satisfactory guardian, but certain situations of severe disabilities and the wishes of the ward cannot be expressed, the court will make a determination of a guardian based on the pre-incapacity document. This documents can be prepared by a guardianship attorney. The court will then grant authority to the guardian that can satisfactory meets the need of the child.
The same process follows for guardianship of an alleged incapacitated person. The court decides to appoint a legal guardian with the power to satisfy the basic and essential needs of the incapacitated person.
Although, once you have a guardianship attorney, you won’t have a court imposed guardian. The attorney would protect your best interest and act as a legal backing. It is however best to protect yourself by having the necessary documents stating clearly your choice of guardian.
An experienced guardianship attorney can assist and provide a guide through drafting and filing a petition for appropriated type of guardianship as well as a guide through the trial process.
The role of a legal guardians
A legal guardian’s role cannot be underestimated. They are empowered to provide the services of a guardian in the best interest of the ward. The role of the guardian include:
- Making financial and medical decisions for the ward.
- Ensuring wellness of the ward and maintenance, management of properties.
- Assisting the ward in settling in a community or more extensive settings and having active participation in public duties.
However, legal guardian roles as in case if a child may even be broader as it involves having legal and physical custody of the child. It may include acting in the same role as a parent for the child, providing food, purchasing clothing, and proving shelter, protecting the child from environmental hazard and maintaining the child’s physical and mental health.
Furthermore, different factors are considered before the court decides who is qualified to be appointed as a guardian for the ward. Most factors typically include: The unique needs of the ward, the ability of the guardian to understand and meet the needs of the ward, the length of time a guardianship is needed as well as the personal relationship. All these conditions are factored into determining the right guardianship.
A guardianship attorney Brooklyn can help determine the best type of guardianship, file for guardianship petitions. Much more, we can also help expand the power or roles given to the guardian, explain the duties of the guardian as well as the wards rights. Contact one today.