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A guardianship is a
court ordered relationship in which the guardian acts on behalf of the ward.
Wards are persons who are not able to care for themselves or their property.
The guardianship may be for the estate only in the circumstance where the
guardian is responsible for the ward’s assets. The guardianship may be
for the person only when the guardian has responsibility to assure the
personal needs of the ward are met. A guardianship may be established for
both the person and estate of the ward. Who can be a
guardian? An incompetent
adult or minor child can have a court appointed guardian. The law defines
incompetent as: …any person who is so mentally impaired as a result of
a mental or physical illness or disability, or mental retardation, or as a
result of chronic substance abuse, that he is incapable of taking proper care
of himself or his property or fails to provide for his family or other
persons for whom he is charged by law to provide, or any person confined to a
penal institution within this state. Any interested
person may apply to be guardian. A minor over the age of 14 may nominate a
guardian. A parent may nominate a guardian for their minor children in their
will. An adult may also nominate a guardian through a durable power of
attorney. The Court makes the final selection of a guardian at a hearing
after listening to sworn testimony from the applicant and any witnesses. |
Attorneys at Law: |
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