We Does a Legal Guardian Do?

  • Posted on: Jul 27 2021
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A legal guardian is a person who is legally responsible for making decisions on behalf of someone else, often a child or an elderly individual who the court has determined is no longer able to make decisions on their own. Becoming a legal guardian is a major undertaking because it means becoming fully and legally responsible for someone else. Before you agree to become a guardian, it helps to understand what they do.

How Does Someone Become a Legal Guardian?

To become a legal guardian, you have to petition the court. You will need to provide a sound reason for why you’re seeking guardianship of another person. You also need to be at least 18 years old. You must go to court and have a judge issue you Letters of Guardianship, even if everyone involved in the process agrees that you should be the guardian of the individual in question. The documents you need can only come from a judge.

What Do You Do After Becoming a Legal Guardian?

Once you have been issued Letters of Guardianship, you are now legally responsible for the wellbeing of the person in question. This means you are responsible for providing them basic necessities, including food, shelter, and clothing. You must provide for their physical, mental, and emotional health, and you have to keep them safe.

If you are now the legal guardian of a child, you have essentially become their parent. This means you are also responsible for their education and their upbringing. You’ll need to enroll them in school, make certain they receive the proper healthcare, and serve in the role until the child turns 18.

In some cases, you may need to seek legal guardianship of an adult who is no longer able to make decisions or manage their estate. You will then take control of the person’s finances and other assets, making decisions that you believe are in their best interests. There are a number of regulations you must follow in this case, including keeping your finances separate. If you do not, you may be legally responsible for any losses they occur.

Are you planning on seeking legal guardianship or have additional questions? The FK Law Group can assist you. Contact us today to set up a consultation.

Posted in: Adoptions, Family Law, Uncategorized