Guardianship of Minors and Disabled Adults
Guardianship of Diabled Adults
If your elderly parent or relative becomes incapacitated and can no longer make sound decisions about personal care or managing their property or finances, you may need to be appointed as an adult guardian to assist your loved one.
A “disabled person” is a person 18 years or older who is not fully able to manage his or her person or estate because of mental deterioration, physical incapacity, a mental illness, a developmental disability, a gambling or drug addiction, or fetal alcohol syndrome
Guardianship is a court-created responsibility. In order for a guardian to be appointed, a petition must be filed in the court by an "interested person". The petition includes basic information, such as the name, date of birth and address of the person alleged to be in need of guardianship. A report must also be filed which includes a physician's description of the person's physical and mental capacity along with their relevant evaluations which would enable the Judge to determine the kind of guardianship needed.
Guardianship of Minors
There are different ways a non-parent can obtain custody of a minor child. One way is a guardianship. These guardianships do not come under the divorce law, but general law applicable to guardianships, estates and minors. Guardianship of a minor is unusual and only available in fairly extreme circumstances. If you believe you need to obtain guardianship of a minor child, you can consult with an attorney at Shaw & Martin, P.C.