When there are concerns about whether or not a person can care for themselves in terms of medical treatment or personal care, guardianship may become a topic of discussion. A guardianship allows a person to make important life decisions for another, typically in the case of disability or incapacity, but it can also include making decisions for a minor. Sometimes people simply do not have the ability to take care of their own affairs, so a guardian is appointed by the court to care for the person’s physical well being, or for the well-being of their children. This may also be the same person who is responsible for their financial matters, separately as a conservator.
Guardianship for Minors
A minor is generally cared for and protected by their parents, but unfortunately in some cases, the minor may need a separate person to care for them. This may be the case if the child no longer has a parent who is competent and qualified to make such decisions, if both parents have passed away, or if a parent is unwilling or unable to parent their child. For someone other than a parent to be chosen as a guardian, the parents must first be deemed as unfit or unable to look after the minor’s best interests, predecease the minor, or consent to the guardianship. Guardianship is often considered the best alternative for the minor when they are/need to be removed from their parent’s supervision, and adoption is not an appropriate option.
Roles for Guardianship of a Minor:
- Providing a home for the child
- Providing life necessities such as food and clothing
- Applying for public housing or public assistance benefits when needed
- Handling any legal action on behalf of the minor, if necessary
Guardianship for Adults
In the unfortunate scenario that an adult becomes unable to communicate or make effective decisions regarding their health, safety, or simple day-to-day care, it may be time to appoint a guardian. A guardianship will protect the rights of an adult who is disabled or incapacitated. Every situation is unique and some adults may not need guardianship over all areas of their life; therefore, it may be limited to only areas where their abilities are impaired.
Roles for Guardianship of an Adult:
- Making medical decisions
- Caring for the adult on a daily basis
- Determining where the adult will live
- Protecting the adult from abuse and neglect
Getting appointed a guardian can be difficult and the selection process is taken very seriously. Furthermore, a guardian has obligations to the court after being appointed. Gendelman Klimas can help you become appointed as a guardian and assist you through the process of serving as a guardian. Contact the attorneys at Gendelman Klimas at (720) 213- 0687 or use the button below to discuss guardianship.