Legal guardianship ensures the welfare and protection of individuals who are unable to care for themselves, typically minors or adults with disabilities. It involves a court-appointed guardian, who is granted the legal authority and responsibility to make decisions on behalf of the ward in areas such as healthcare, education, and financial management.
The primary aim of legal guardianship is to uphold the best interests of the individual in need, providing stability and support while preserving their rights and dignity. This legal arrangement can be temporary or permanent, depending on the circumstances and needs of the individual, and often requires ongoing court supervision to ensure that the guardian fulfills their duties appropriately.
Selecting a guardian means carefully considering various factors to ensure the individual selected will best serve the interests of the person in need.
Legal guardianship of an individual involves significant rights and responsibilities, including the following:
It's important to remember that guardianship might remove various rights from the ward, including the right to determine residence, consent to medical treatment, manage property, and make other important life decisions.
However, recent trends advocate for limited guardianship, removing only those rights the ward cannot handle. Guardians have a fiduciary duty to their wards, which is the highest standard of care under the law. This means they must manage their affairs solely in the ward's interest and can be held liable for any mismanagement or neglect.
The court's role in legal guardianship is to ensure the protection and best interests of the ward. Initially, the court evaluates and appoints a suitable guardian after thoroughly considering the guardian's fitness and the ward's needs.
Once appointed, the guardian operates under the court's supervision, often requiring regular reports on the ward's well-being and financial status. The court may also review and approve significant decisions made by the guardian. This oversight seeks to prevent abuse or neglect and provides a legal framework that safeguards the rights and welfare of the individual under guardianship.
Eliminate undue stress and expenses for your family when you pass away or become incapacitated. An estate plan will make things easier for your family while ensuring your wishes are followed.
Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online.
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610.374.8377
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610.374.8377
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Wilkes-Barre, PA 18701
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