The subject of legal guardianship is a very emotive issue. In effect, you are appointing someone who will take over a person’s affairs at the point when they become incapacitated and considered unable to make personal and financial decisions themselves.
With something as important and emotionally challenging as deciding whether legal guardianship is a good option or not you might want to search wonderful family law attorney Utah, for instance, in order to find someone who is compassionate as well as professional.
Understanding the powers and duties of a guardian
You should be under no illusions that becoming a legal guardian comes with a tremendous amount of responsibilities and is a position of trust.
An appointed legal guardian is required to take all necessary steps to ensure that the interests and safety of the person they are asked to take care of will be looked after at all times.
There are certain aspects of guardianship that require court approval and need to be reported in order to fulfill their legal duties.
It should also be remembered that a legal guardian will often have to refer back to the court to get permission for a number of different things and actions. This is designed to create an extra layer of protection and prevent a guardian from exceeding the range of their powers.
Whether you are thinking of appointing someone to be a legal guardian or have been asked to take on the role yourself, you should seek professional legal guidance to understand all the powers and duties that come with the role.
The role of the courts throughout the guardianship
The fundamental purpose of guardianship is to name someone who will be accountable for a person’s affairs in the event of their incapacity or inability to manage by themselves.
The obvious danger attached to giving someone this level of power and responsibility is there is always the potential for the guardian to mishandle funds or not act in the interests of the person they are supposed to look after.
Even if the person is highly trusted to take on the role of guardian the courts still play a role in overseeing that they act responsibly at all times.
This means submitting reports and financial accounts to the court so a third party can verify that the guardian is fulfilling their duties fairly and correctly.
Always be aware of the potential consequences
Appointing a legal guardian is a huge step to take. Once that person has control of assets and finances they will often be able to make decisions and disburse payments with minimal checks.
You would always hope that someone with that level of responsibility would not act in a way that was detrimental to the person who they are supposed to protect. However, in view of the serious consequences attached to appointing a guardian, it is highly advisable that you seek legal guidance.
You should keep these important aspects of legal guardianship in mind when trying to decide if this is a good way of helping someone to look after their affairs. Also, make sure you also get a professional legal opinion and guidance on what your best options are.
