A legal guardianship is a court proceeding where a person is given legal authority to care for a minor or an incapacitated adult, who is unable to make decisions for themselves. The guardian has the authority to make decisions regarding the person's health, education, and general welfare. The guardian also has legal responsibility for the person, including making financial decisions for them. The guardianship can be temporary or permanent and can be granted by the court in cases where the parent or primary caregiver is unable to provide adequate care or is absent.
A guardianship may be part of a family’s estate planning. A parent may want to designate a guardian for their children if they are no longer able to care for them. For example, it is now possible for one person to become pregnant using both sperm and egg from separate donors. In these cases, a child can have more than two parents. A court decides guardianship matters based on what it believes is in the ward’s best interests. When parents die, the courts usually make a determination of custody between step-parents and biological relatives.
A guardian has the same powers and duties as that of a natural parent in every respect except as otherwise provided by any law for the time being in force (Visitation Rights Under Personal Laws). Guardianship of adult:- Where an adult is to be or may become a ward, an application shall be made to the High Court. Consult our Guardianship attorney Ft lauderdale now.
Any person who may have a potential guardianship over your loved one should be notified of the pending guardianship petition. This includes relatives who have lived with or around the person. If you are unsure who needs to be notified, you should contact your elder law attorney for assistance in ensuring that the notification process is followed properly all family members of the proposed protected person, who have either lived in the same home as the person and are currently living in a different location, or who were not previously involved in their lives.
if you are considering establishing a guardianship for a minor or incapacitated adult, you may need to notify various individuals and entities, including:
- The person for whom you are seeking guardianship
- The parents (if applicable) or legal guardians of the individual
- Any immediate family members or close relatives of the individual
- The court in which you will be filing for guardianship
- Any attorney(s) representing the individual or their family
- Any medical professionals or care providers involved in the individual's treatment or care
- Any government agencies that provide financial assistance or support services to the individual, such as Social Security or Medicaid.
It is highly recommended that you consult with a Guardianship attorney Ft lauderdale who specializes in guardianship law in your area to ensure that you comply with all legal and procedural requirements.
