Guardianship
Guardianship can take one of two forms: Guardian of the Estate and Guardian of a Person. In general Guardianship cases can be categorised as guardianship over minor children or guardianship over disabled adults.
Guardianship over a minor:
Guardianship over minor children is used in limited situations where the child's parents are unable or unwilling to perform the care taking functions.
Guardianship over an adult.:
Once a person reaches the age of 18, it is presumed that the person can make decisions in his or her best interest. Without a Guardianship over the person, the individual will be able to make his or her own medical and educational decision. Often parents of a child with disabilities or children of an aging individual will need to obtain either a Guardianship of the person, Guardianship of the Estate, or both. This will allow the person who is appointed as Guardian to make the necessary decisions to properly care for the individuals with disabilities.
A review of the circumstances and of the condition of the individual is necessary before making that first step in legally establishing the Guardianship.
Guardianship over a minor:
Guardianship over minor children is used in limited situations where the child's parents are unable or unwilling to perform the care taking functions.
Guardianship over an adult.:
Once a person reaches the age of 18, it is presumed that the person can make decisions in his or her best interest. Without a Guardianship over the person, the individual will be able to make his or her own medical and educational decision. Often parents of a child with disabilities or children of an aging individual will need to obtain either a Guardianship of the person, Guardianship of the Estate, or both. This will allow the person who is appointed as Guardian to make the necessary decisions to properly care for the individuals with disabilities.
A review of the circumstances and of the condition of the individual is necessary before making that first step in legally establishing the Guardianship.