Understanding Legal Guardianship
We all need a little help now and then, especially when facing big decisions that may have significant financial or legal implications. Children, people with mental disabilities, and elderly individuals can benefit especially from assistance in these types of situations. The team at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. are here to help you gain a better understanding of legal guardianship and how they may be able to benefit you or someone you know.
Legal Guardianship
Children under the age of eighteen, individuals with intellectual disabilities, and certain elderly individuals who have lost some mental faculties as they aged are all examples of people who need guardians. The guardians assigned to them can fulfill multiple responsibilities, from ensuring that they receive proper food and housing to assisting with (or outright making) important decisions involving healthcare and safety.
Temporary Guardianship
Sometimes, an individual may be in need of assistance from a guardian for a limited amount of time. In these instances, a guardian will step in to assist as necessary, until their help is no longer needed. Minor children serve as an excellent example of individuals in need of temporary guardianship. Once they turn eighteen, the guardianship is generally dispensed with.
Testamentary Guardianship
Because they can be in charge of so many important responsibilities, choosing a legal guardian is a big decision. Parents use estate plans to appoint legal guardians for their minor children to take over if something should happen to them before the children turn eighteen. If for any reason the guardian the parents' requested is found unfit, unable, or unwilling to serve as the guardian, the Court may appoint a different individual to fill the role. The Court may also appoint a guardian if no one else had been previously designated.
Guardianship vs Conservatorship
A few months ago we took an in-depth look at conservatorship, a legal ruling which is, in many ways, very similar to guardianship. Both guardianship and conservatorship involve a responsible individual protecting and making decisions on behalf of someone else. However, there is one predominant (and important) distinction. A guardian is generally responsible for seeing that the protected person's essential requirements for food, clothing, shelter, safety, health, and education are met. A conservator, on the other hand, is typically only responsible for managing the protected person's estate and/or financial affairs. Read our earlier blog post to learn more about conservatorship.
Phillips McElyea Can Help You Establish Guardianship
Our attorneys in Camdenton, MO are here to assist with all your questions and needs about guardianship. Especially if you have minor children or a child with a disability, we strongly encourage you talk with one of our estate planning attorneys at the Lake of the Ozarks. Visit our website to learn more about our law firm in Camden County MO.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
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Legal Guardianship
Children under the age of eighteen, individuals with intellectual disabilities, and certain elderly individuals who have lost some mental faculties as they aged are all examples of people who need guardians. The guardians assigned to them can fulfill multiple responsibilities, from ensuring that they receive proper food and housing to assisting with (or outright making) important decisions involving healthcare and safety.
Temporary Guardianship
Sometimes, an individual may be in need of assistance from a guardian for a limited amount of time. In these instances, a guardian will step in to assist as necessary, until their help is no longer needed. Minor children serve as an excellent example of individuals in need of temporary guardianship. Once they turn eighteen, the guardianship is generally dispensed with.
Because they can be in charge of so many important responsibilities, choosing a legal guardian is a big decision. Parents use estate plans to appoint legal guardians for their minor children to take over if something should happen to them before the children turn eighteen. If for any reason the guardian the parents' requested is found unfit, unable, or unwilling to serve as the guardian, the Court may appoint a different individual to fill the role. The Court may also appoint a guardian if no one else had been previously designated.
Guardianship vs Conservatorship
A few months ago we took an in-depth look at conservatorship, a legal ruling which is, in many ways, very similar to guardianship. Both guardianship and conservatorship involve a responsible individual protecting and making decisions on behalf of someone else. However, there is one predominant (and important) distinction. A guardian is generally responsible for seeing that the protected person's essential requirements for food, clothing, shelter, safety, health, and education are met. A conservator, on the other hand, is typically only responsible for managing the protected person's estate and/or financial affairs. Read our earlier blog post to learn more about conservatorship.
Phillips McElyea Can Help You Establish Guardianship
Our attorneys in Camdenton, MO are here to assist with all your questions and needs about guardianship. Especially if you have minor children or a child with a disability, we strongly encourage you talk with one of our estate planning attorneys at the Lake of the Ozarks. Visit our website to learn more about our law firm in Camden County MO.
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
We accept Visa, MasterCard, and Discover.
85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020 GET A MAP
(573) 346-7231 - Telephone
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