A Guardian is described as a person who assumes legal responsibility of another’s child or an adult over “their person” and/or their person and financial assets (also called their estate).
Guardianship orders allow Guardians to make legal decisions for a child or adult where they would normally lack legal authority. Guardianships are most common in instances where a child’s parent is temporarily unavailable or were an adult faces an incapacity, usually a medical condition that inhibits them from legal decision making.
Guardianships over children may extend for as little as six (6) months to the child reaching the age of majority (in most instances 18). Adult Guardianships may also vary in time based on several factors and/or considerations.
Guardian Qualifications include, among a few others:
- A person the court finds suitable to serve as Guardian.
- Must be competent.
Persons Not Suitable includes the following:
- A minor
- A felon convicted of certain crimes involving abuse or neglect or financial crimes.
- A person judicially determined to have committed abuse, neglect or exploitation of another person.
- A person suspected of misconduct or disbarred/suspended from the practice of law (during the period of suspension or disbarment only).
Jennifer Gastelum has helped many families with various types of Guardianship proceedings. Call us today for a free consultation.