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Establishment of a Guardianship
A guardianship is a legal right given
to an individual to be responsible for the care, housing and basic
necessities of another individual, commonly referred to as the ward,
who is deemed incapable or unable to care for themselves.
Each state has different procedures for establishing a guardianship.
If no financial or health power of attorneys are executed, the
individual seeking to become the guardian files a petition with the
court explaining why the ward is in need of a guardian. A doctor,
psychologist, or psychiatrist may examine the ward. All interested
parties then receive notice of the proceedings. A hearing takes
place. An attorney may be appointed to represent the ward. The ward
should also be present at the proceedings, if possible.
Role of a Guardian
A guardian has numerous duties. The court will inform the
guardian of the decisions that they are permitted to make. The
amount and the type of decisions that the guardian is permitted to
make is limited by the court. The guardian must remember that his
job is to make decisions that are in the ward's best interests.
State laws may also dictate the type of duties that the guardian may
undertake.
Some of the duties that the guardian may have regarding the ward's
property include:
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Find and protect the ward's
assets;
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Use the ward's money and resources
for the care of the ward;
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Keep detailed records of the
ward's expenditures;
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File inventories and accountings
with the court;
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Ask the court's permission before
making a decision that would greatly affect the ward's assets;
and
-
Carefully invest the ward's
assets.
Some of the duties that the guardian
may have regarding the ward's personal affairs include:
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