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Guardianship is a legal tool that allows critical decisions to be taken by a legal guardian on behalf of another called the ward. While the ward may not be able to participate in the decision making or contribute however little due to physical or mental disabilities, their interest are usually prevalent in any decision been made on their behalf by a legal guardian. Decisions may include financial or medical and health issues, property management, taxes, or urgent legal matters. Similarly, it may also involve ensuring active participation in communities’ policies. As in the case of a child, a legal guardian duty may be likened to parent duties, as it means paying for shelter, clothing, feeding, and much more proper education.

As such, something this important is only allowed and permitted by the law court. The court approves and appoints a legal guardian for the ward after a considerable amount of deliberation and hearing. Consequentially, in situations where the ward cannot decide on the guardianship, the court deems it fit to assign an appropriate guardian. Guardianship for the aged, minor or child, damaged, or disabled person are the most common types of guardianship. Understandably, a child or an old individual could be limited in taking some certain decisions.

Furthermore, a mentally or physically disabled individual may not be able to take critical decisions or live independently of others. These reasons further persuade the need for a legal guardian. In Brooklyn, a guardianship law attorney can assist in the process of getting the right guardian through drafting a filing a petition for guardianship. Once a petition is filed, the court orders a hearing to determine if the incapacitated persons are incompetent and decide who will serve as a guardian. A Brooklyn guardianship law attorney will guide you through the trial process from start to finish.

Any duration for guardianship? The length of guardianship.

Guardianship can be in place for a long time, depending on the situation or case. A short term guardianship is also available for minors who cannot take significant financial, medical, and health or even personal decisions mostly until they turn 18 years. Once a court approves of a short term guardianship, the appointment ends at the specific time. Although with the help of a guardianship law attorney, you could file for a change on the terms on a guardianship.

Similarly, the time length of guardianship is being considered by the court in approving of any specific legal guardian and most times, and the length rests on the best interest of the ward defended by the law attorney.

Types and benefit of guardianship.

There are several kinds of guardianship. While some addresses specific decision-making aspect of the wards live, the others are less restrictive and grant the guardian full decision making power over the ward.

  • Full guardianship grants the guardian entire decision making power over the ward in cases where the ward is unable to make any personal, financial, or medical decisions.
  • A limited guardianship is granted when the ward can make some of their decisions but are limited in taking more critical decisions, thereby requiring the help of a legal guardian
  • Co-guardianship is granted by the court when two guardians are appointed to make decisions on behalf of the ward. It ensures that there is a check on the abuse of power by any of the guardians.

Other forms of guardianship are short term guardianship, Guardian ad Litem which is appointed by the court in cases where the ward requires a guardian for legal proceedings. Apart from taking medical, financial, and personal decisions for their wards, their interest is protected in legal proceedings, settling in a healthy society and enjoying any other public benefits.