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Guardianship is a legal arrangement that grants an individual or entity the authority to make decisions on behalf of someone else, who cannot make decisions on his or her own. This legal concept plays a pivotal role in protecting the rights and well-being of individuals who may be incapacitated due to age, disability, or other factors. Please contact a skilled estate planning or guardianship attorney now for help with any guardianship issues.
Types of Guardianship
There are four main types of guardianship. These include:
- Guardianship of the person: This allows someone to make decisions for another person on matters related to healthcare, living arrangements, and overall well-being.
- Guardianship of the estate: This allows someone to make decisions for another person on mostly financial matters, such as managing assets, paying bills, and making financial decisions.
- Limited guardianship: This grants specific powers to a guardian while preserving certain rights for the incapacitated individual.
- Temporary guardianship: This establishes guardianship for a limited time period. A temporary guardianship is often considered a short-term solution for urgent situations and may be granted in emergencies.
Legal Process to Establish Guardianship
The general process for initiating guardianship usually involves the following steps:
- Filing a petition for guardianship: The interested party files a petition with the court, detailing the reasons for guardianship and the specific powers requested.
- Providing notice to interested parties: Notification is provided to relatives, potential wards, and other relevant parties about the guardianship proceedings.
- Appointing a guardian ad litem: A neutral party is appointed by the court to assess the situation and advocate for the best interests of the alleged incapacitated person.
- Holding an evidentiary hearing: A court hearing is conducted to gather evidence and determine whether guardianship is necessary.
Note that interested parties do have the right to challenge an appointment of guardianship and can also petition the court to terminate guardianship if the circumstances change.
Further, periodic reviews are often conducted to assess whether guardianship is still necessary and if any modifications are required.
Responsibilities of Guardians
Once guardianship is established, a guardian is tasked with several duties. Thee duties include:
- Decision-making authority: The guardian is entrusted with making decisions in the best interest of the ward, considering their wishes and preferences when possible.
- Financial management: A guardian of the estate must manage the ward’s finances responsibly and transparently.
- Regular reporting: Guardians are typically required to submit periodic reports to the court, providing updates on the well-being of the ward and financial matters.
Contact The McWilliams Law Group for Help
The established California and Washington estate planning attorneys at the McWilliams Law Group help you prepare for the future today. We provide legal assistance with the following:
- Will drafting, execution and review
- Living trusts
- Advance healthcare directives (living wills)
- Powers of attorney
- Estate and gift tax issues
- Guardianships and conservatorships
- Choosing the appropriate executor and/or trustee
The skilled attorneys at our firm can help thoroughly analyze your estate and strategize the best means of transferring your assets, minimizing taxes, establishing guardianship, and supporting philanthropic causes. Contact us now and let us help protect your personal security, family, and legacy.