Guardianships
For some members of our society, legal protection may be necessary even after they have entered adulthood. These individuals may have been injured in an accident, continue to suffer from an incapacitating physical illness or psychological disorder, or have some other condition that prevents them from caring for themselves. In these cases, a guardianship may be established. At Nolan Byers, PC. in Birmingham, AL, we specialize in guardianship law.
Understanding Guardianships: Rights, Responsibilities, and Legalities
Guardianships are a legal arrangement that places an individual, also known as a “ward” or protected person, under the supervision of a guardian, or custodian. A conservatorship oversees a person’s financial assets and property Under Alabama law. Guardianships are categorized into two primary types, each with distinct responsibilities:
Guardianship of the Person
This type of guardianship grants the guardian the authority to make decisions regarding the personal well-being and care of the protected individual (the “ward”).
Responsibilities:
- Determining and maintaining the ward’s residence.
- Providing informed consent for medical treatment.
- Overseeing non-medical services, such as education, counseling, or therapy.
- Making end-of-life decisions, if necessary.
- Ensuring the ward’s overall health, safety, and welfare while maintaining as much autonomy for the ward as possible.
Guardianship of the Estate or Property
This type of guardianship appoints a guardian to manage the financial affairs and property of the ward.
Responsibilities:
- Safeguarding and managing the ward’s financial assets.
- Arranging for property appraisals, if needed.
- Protecting property and assets from loss or mismanagement.
- Handling income, making appropriate payments, and managing expenses.
- Obtaining court approval for the sale or significant transactions involving the ward’s property.
- Reporting financial activities to the court, often on an annual basis.
Each type of guardianship serves a distinct purpose, ensuring that the ward’s personal and financial needs are met while providing oversight and protection. In some cases, a guardian may be appointed for both roles, depending on the ward’s circumstances and needs.
What is a Guardian?
A guardian is typically a family member, friend, or fiduciary appointed by the court. A protected person can be a minor without a parental guardian or an adult who can no longer make safe and sound decisions about his or her own person or property. Additionally, a person who is prone to fraud or undue external influence may be placed under guardianship for protection.
Safeguarding Due Process Rights in Guardianship Proceedings
Guardianship of Minors
Guardianships may also be used to protect the legal rights of a child. In the event that a parent is no longer able to act on behalf of his or her child, a guardian, usually a relative, is appointed. Unlike an adoption, under a guardianship, parents may remain responsible for supporting the child financially and they do not necessarily forfeit their parental rights.
A child may be considered for legal guardianship if his or her parent cannot provide shelter, does not have a steady income, suffers from an illness, or is incarcerated. In most instances, parental approval is sought prior to any legal proceedings.
Contact Nolan Byers, PC. Today - We Can Help
If you need assistance with guardianships in Shelby and Jefferson Counties, AL, contact us online, or give us a call at 205-558-9930 today! Our experienced team will guide you through the legal process, ensuring that the rights and well-being of your loved one is protected. We are here to provide compassionate and knowledgeable legal support, helping you navigate every step with confidence.