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A Guardianship is a legal proceeding in which a guardian exercises the legal rights of a ward. Essentially, it is the process of asking a Judge to appoint or approve an individual to look out for the welfare of a another who is a child, or unable to care of themselves.
Depending upon the circumstances, a guardian may be chosen by you and approved by the judge, or be chosen by the judge.
If a Power of Attorney does not exist relating to the ward, a Guardianship may serve the same purpose and authorities of a Power of Attorney.
In many cases, the Guardianship will name a family member as the guardian. Under certain conditions in which the court does not believe appointing a family member will be in the best interest of the ward, a court appointed guardian may be necessary for either the short term or long-term interest of the ward.
A guardian is bound by law to always act in the best interest of the ward, and failure to do so can result in removal of guardianship duties, and in serious cases, potential criminal charges.
The role of a Guardianship is an important responsibility which the courts do not take lightly, as the well being of one who cannot make important life decisions for themselves are involved.
The one setting up a Guardianship should always choose an individual whom the have tremendous trust in to be the Guardian of another, whether the Guardianship is for you, your children, parent, or other loved one.
When you must legally address Guardianship and Probate issues it is important to be made fully aware of your legal rights, options, and to have aggressive, detailed, and dedicated legal representation in your corner. Hiring an experienced Guardianship attorney may provide you the best opportunity to achieve your desired outcome, or a fair and reasonable resolution.