Law Library Articles
Top 10 Guardianship Law Articles in the LegalMatch Law Library
If you wake up some morning and realize that you can’t take care of yourself, you might need a legal guardian. Let’s be honest. No one is fully capable of taking care of him or herself at all times. What exactly is a legal guardian? In a word, it’s Alfred Pennyworth—the well-mannered fellow responsible for raising Bruce Wayne after the death of Wayne’s parents.
Although your child will most likely not grow up to become Batman, if you have a designated guardian in place, you can feel secure in the fact that your child will be well taken care of even if he or she does decide to become a superhero. As a starting point for people thinking about guardianship, the LegalMatch Law Library has compiled a list of the Top 10 Articles on Guardianship Law.
A guardianship is usually established for the benefit and protection of someone who cannot take care of themselves, such as children under 18 years old and people who are mentally or physically incapacitated. Before establishing a guardianship you should look into the different types available.
Adult guardianship usually occurs when the court decides that someone is too mentally or physically incapacitated to look out for themselves, and thus needs a guardian. If you are worried you might become incapacitated in the future, you can always have an advance directive in place choosing someone you trust to act as a guardian if needed.
Temporary guardianships are different than regular guardianships because they only last for a limited period of time. These guardianships usually are only kept in place until the emergency ends or until a specific purpose has been fulfilled.
Sometimes family members might disagree on the choice of guardian and seek to have the guardian removed. Each state has its own rules and procedures governing the removal of a guardian.
Even though guardianships of children are not usually terminated, there are several situations where a court might allow a guardianship to terminate. If you wish to terminate a guardianship it is best to familiarize yourself with these situations
When parents set up a guardian for their children, they usually have a guardianship agreement in place. It is worth understanding exactly what a guardianship agreement is and what it is supposed to contain before setting up a guardianship for your children
Each state has its own laws as to when an emergency guardian should be appointed. However, even if the emergency is unforeseen there are still several things one can do to be prepared, one of which is to appoint a guardian through an advance directive.
In some guardianship cases, family members have different ideas as to what is in the best interest of the child or incapacitated person. This can often lead to conflict requiring the court’s intervention. In such situations, it is best to research all available options in order to avoid further familial strife.
Each state has their own list of factors as to which children qualify for a guardianship and which adults qualify as a guardian. If you are thinking appointing a guardian, it might be best to look into the requirements of your state.
Guardianship is actually quite distinct from child custody. Specifically, guardians typically have legal custody of the child while non-custodial parents usually do not.