Guardianship Basics- Factors to Consider in Determination of Wards

Guardianship, also known as guardianship, is an important legal tool which enables one individual or organization to make key decisions for the other (the guardian), said Georgia’s finest probate and guardianship attorney. Usually, courts are tasked to establish guardianship, and in cases of extreme disability or incapability, they usually appoint guardians immediately. It is necessary to note, though, that a guardianship does not mean a guarantee that the person being cared for will be well-cared for. The judge or court decides this after looking at the mental capacity of the ward.


In a guardianship case, there are two main people involved: the guardian or trustee and the appointed child’s spouse, either also known as the non-relative child. An appointment can be made by the guardian or through the court, or by an appointed person such as a licensed practical nurse. It is important to note that, in some cases, the court may appoint both the guardian and the person designated to look after the child. There are, however, certain limitations on how this function can be performed. One of these is where the child is too ill to care for himself/herself or where the guardian is deemed unfit, for any reason.


Another function of guardianship is to make decisions in respect of the respondent. The respondent is the person or entity who has been diagnosed as incapacitated. When this is the case, then the respondent is given a deadline to make a decision about the matter. If he/she fails to do so, then his/her guardian is given the responsibility of looking after him/her. In some cases, the respondent may choose to cooperate with the guardian. In such a situation, the respondent must go through a special process for the purpose of making a decision on his behalf.


There are different types of guardianship. Legal guardianship refers to any type of guardianship that takes place in a court’s court. In such situations, a legal guardian may act on the ward’s behalf in matters relating to his/her education, health, safety, housing, etc. An appointed guardianship is when the person making the request is a relative or a friend. In the latter case, the relative or friend may act on the ward’s behalf as his/her legal representative.


Any type of guardianship can be established in a child’s best interests. For example, the court may appoint a guardian who has experience in the handling of children, if necessary. On the other hand, the court may appoint someone who is not related to the ward. This is especially the case when appointing a close friend or relative to be the proposed guardian.


Whatever the case, the best interest of the ward must be the primary consideration for the court. This can only be determined by taking all relevant factors into consideration. This includes the ages of both parties involved, their relationship, the abilities and limitations of each party, the welfare of the ward and other relevant factors. If you feel you have a good case, you should consult an experienced attorney who will make decisions that are in your best interest.