The Guardianship Role
A guardianship is typically established for orphans or adults who are unable to care for themselves. This relationship is different than an adoption; it is established by the court to benefit and protect vulnerable people called “wards”. The court supervises the relationship to ensure the ward is properly provided for by the designated guardian. Guardianships are fiduciary relationships between a ward and guardian.
Forms of Guardianship
There are a few types of guardianship arrangements that can be set up to benefit a ward:
- Limited Guardianship: A guardian’s influence may only be necessary in some situations as the ward may be able to make most decisions alone.
- Co-Guardianship: In this case the court has more influence and the guardian has limited powers.
- Guardian of the Property: This guardianship is arranged mostly for the management of monetary assets to care for the ward.
- Guardian Ad Litem: The guardian acts to manage the interests of the ward only during court proceedings.
Guardianship Specifics
Some things to consider before entering into a guardianship are who may become a guardian, how long the arrangement will last, and what it means to be a guardian.
- A guardian and ward have a fiduciary relationship. A fiduciary cares for another person’s money and has an ethical or legal relationship with the owner(s) of the assets.
- A guardianship is not usually permanent. The arrangement will end if the child ages out of the system, dies, uses all their assets, or a judge may dissolve the relationship for any number of reasons.
- The guardian may be an attorney, but the role can be assigned to anybody who has a significant relationship with the ward, is aware of their specific needs, and has support of the ward’s family.
Setting Up a Guardianship
Although it is not required by law, having the assistance of a guardianship lawyer can make the process of establishing a guardianship smoother and more efficient. The paperwork and details alone can be difficult to navigate on your own and with assistance you can ensure you have completed them correctly and thoroughly. They can also help you keep track of deadlines and prevent you from making major legal or ethical transgressions.
Call today to set up a consultation with a guardianship lawyer. Ensure you have the best chance at setting up the guardianship, and that you will have assistance throughout the process. Do not hesitate to contact Scottsdale AZ Guardianship Lawyer for more information.
Thank you to Arizona Estate Planning Attorneys for providing their experience and insight on Guardianship.