A Simple Guide to Legal Guardianship and Its Many Facets
Guardianship in simple terms is needed when an individual is unable to look after someone, they are legally responsible for. A guardianship lawyer is required when adults can no longer care for themselves (adults with disabilities or those compromised because of old age). It also includes situations when parents are incapable of extending protection and care to their children.
Guardianship is the legal power to make decisions on another’s behalf. The guardian is always appointed by the court and the person over whom the guardianship is exercised is termed as the ‘protected person’.
Being responsible for a loved one’s well-being is a heavy mantle to take on. This makes it even more important to learn about guardianship. With knowledge comes confidence and we ensured that this guide helps answer every question you might have about the procedure.
What Duties are Expected of a Legal Guardian?
The first and foremost duty of a legally appointed guardian is to act as the primary caretaker of the protected person. Guardianship lawyers often explain it as having a fiduciary duty towards those unable to act on behalf of themselves.
The fiduciary duty includes that the dependent’s day-to-day needs are met. The guardian should be willing to make decisions pertaining to healthcare, legalities, financial matters, and the like. A guardian is also expected to always keep in mind the best interests of the dependent.
Often people appoint guardians for loved ones, in the event of their incapacitation or death. It gives people unmatched peace of mind to know that their dear ones will be cared for even when they themself are no longer capable of doing so.
Types of Guardianship
Guardianship can be broadly categorized into 3 types.
Full Guardianship
Full Guardianship provides complete authority over making decisions for the protected person. This includes legal, financial, and personal affairs.
Limited Guardianship
Here the guardian is only responsible for some limited matters like healthcare and property.
Joint Guardianship
Joint guardianship refers to the situation when more than one person is appointed as a guardian.
Another method of classifying guardianship is based on the protected person.
Guardianship of minors
This involves taking care of a child’s basic needs. They will be asked to make financial decisions that affect the minor.
Guardianship of elderly
Guardianship of the elderly is necessary when an adult is incapable of caring for themselves due to old age. This is also known as elderly conservatorship.
Guardianship of adults
When a disease or disability leaves an adult unable to uphold their own best interests any longer, a guardian is appointed to make decisions on their behalf.
Guardianship of pets
In case the owner passes away or becomes incapacitated, pet guardianship establishes who is in charge of your pet now.
How Can a Guardianship Lawyer Help You?
Obtaining legal guardianship is a process that is heavily influenced by the court. Oklahoma allows an out-of-state guardian to be appointed as long as they are closely related to the protected individual. Out-of-state guardians will also need to have a registered representative residing in Oklahoma.
A guardianship lawyer is a critical element of every guardianship case. They are responsible for making you aware of your rights and representing your interests throughout the process. The legal system of appointing a guardian also involves extensive paperwork, often overwhelming the potential guardian. An attorney will offer support with the court proceedings.
A Firm That Assures Justice
Reneau Law Group provides a client-centric approach to your guardianship case. For over 20 years we have strived toward affordable legal representation. In addition to family law, our attorneys also specialize in criminal defense, bankruptcy, and probate. Contact us at (405) 732-5432 for a free consultation.
**Disclaimer: The above article does not imply a relationship between attorney and client, nor does it aim to provide any legal advice.