Guardianships
A guardianship establishes the legal authority and responsibility in someone (a guardian) to care for and management of another individual--guardianship of the person--and/or the individual's property--guardianship of the estate. A commonly encountered guardianship situation involves a minor-aged person who inherits assets or is the recipient of life insurance proceeds and is legally incompetent merely due to age. Other situations, such as Alzheimer's, also leave a person in need of a guardian.
The probate court is involved to qualify and oversee guardians and their actions. Much of the process initially involves applying to the court and establishing 1) the need for the guardianship and 2) the qualifications of the guardian. As guardianship generally takes away many of a person's rights, the process is fairly rigorous and all alternatives to the guardianship must be considered first.
Planning with powers of attorney can alleviate some needs for guardianships, and naming guardians for children and adult in declarations of guardian prevents many bitter family disputes and reduces the expense of establishing a guardianship. |
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