Guardianship transfers the legal decision-making ability of an individual who is incapable of making sound decision to another individual (the guardian). The spirit of guardianship law is to protect the vulnerable. Guardians may be appointed for adults and minors.
Guardianship as we know it originated in English common law. As you know, English law is the basis for law-making in multiple other countries including Canada, Australia and of course the United States. Other countries have adopted it much later. For example, Japan uses guardianship law which resembles our own.
Guardianship is handled at the state level in the United States. There are fifty different states in the Union, so there are 50 different sets of laws on the books. But, they are all very similar to one another.
There are various alternatives to guardianship, though these usually pertain to adults only and not to minors. An attorney who specializes in this field can advise you on the best course of action to take based on your unique circumstances.
Guardians are usually appointed for a certain period of time, for example, until a minor becomes an adult or an adult individual’s death. There are temporary or emergency guardianships that can be granted. These only last for days or months. These are rare and guardianship usually applies to the long-term or permanent application of the law.
Do you live in Brevard County or Melbourne and are in need of advice regarding guardianship? Do you have a loved one that may need you to be their guardian? Please feel free to contact us at 321-914-4710
We can discuss your situation and provide you with the advice on the best course of action.