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Why Is Legal Guardianship Needed?

Published on March 30th, 2023

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The appointment of legal guardianship determines the outlook for the rest of a young minor’s life. A child’s legal guardian must be someone who is fully trusting, responsible, and loyal. So, this is a legal process that should be handled with serious care and professionalism, and if you are seeking legal guardianship over a minor, it could be in your best interest to have a qualified guardianship lawyer represent you in order to secure guardianship. There are specific requirements and heavy paperwork you need to navigate and this procedure will be far more manageable with the help of skilled advisory. These attorneys understand the care precision needed to handle this step-by-by procedure smoothly. Guardianship attorneys can answer any questions whatsoever and be able to vouch that you will be a trustworthy legal guardian. In the meantime, we’ve listed a few components as to why legal guardianship is necessary, even for young or vulnerable adults who are over the age of 18.

Legal Guardianship for Minors in need of Parental Care and Support

Serious life events, such as incarceration or a severe medical condition, unfortunately prevent parents from being able to make decisions for their children and another responsible adult needs to step in to take over. If not, the court places the children in foster care. Regardless, it is imperative that the next generation of young adults receive the love and care they deserve. By obtaining legal guardianship over the minor, the adult can make any necessary legal or medical decisions for the child.

Legal Guardianship of Vulnerable Adults

Though legal guardians are not needed after the age of 18, some vulnerable adults, such as any with developmental disabilities, may not be able to make capable medical, legal, or financial decisions over their life. Additionally, they may struggle to manage day-to-day self-care and priorities, and this often requires loving guidance from someone who knows them well. In this circumstance, it could be in the young adult’s best interest to have a legal guardian, who can help them make critical life choices.

People Who Need Temporary Guardianship 

While in a crisis or life-changing event, people with mental disabilities may not be able to make rational decisions or live and function on their own. No matter what age or history, people in these crises deserve intensive care and support from the loved ones surrounding them. In an event like this, it could be necessary to have someone file to be their guardian and make serious legal and medical decisions until that person is better or stable.

Aging Adults with Decreased Cognitive Function

When a senior adult may reach the point of requiring legal guardianship, it is most commonly related to dementia. A person with dementia, unfortunately, reaches a point where they can no longer make sound legal and medical decisions for themselves. A family member or loved one however can file to be a legal guardian and help make responsible decisions.

Thanks to our friends at Felt Family Law & Mediation for their insight into legal guardianship.

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