People seek guardianship for a variety of reasons - an elderly person who can no longer manage their property, be alone or due to mental and/or physical incapacity .
A Guardianship is a legal proceeding under which an individual is declared to be incapacitated and has a guardian appointed to handle their care and his or her property. A guardian of the person makes decisions and takes action regarding the personal care of the ward. A guardian of the property manages the property and assets of the ward.
A guardianship must be established for the property of a minor child when an amount over $50,000 is to be paid to the minor. The court may also appoint a guardian before approving a settlement for a claim over $15,000. This may occur through an inheritance or through a settlement of a legal action. Guardianship of the person of a minor child may need to be established if both natural parents are deceased, incapacitated or unavailable
Guardianships require the use of an attorney;
A guardian is appointed by the court to act in the best interest of the ward (incapacitated person). The guardian may exercise only those rights that have been removed from the ward and delegated to the guardian.
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