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Guardianship

Legal Guardian

A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to age, incapacity, or disability. Most States have laws that provide that the parents of a minor child are the legal guardians of that child, and that the parents can designate who shall become the child's legal guardian in the event of death.

 

Courts generally have the power to appoint a guardian for an individual in need of special protection. A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian. A person may also be appointed as a special guardian, having limited powers over the interests of the ward. A special guardian may, for example, be given the legal right to determine the disposition of the ward's property without being given any authority over the ward's person. A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem (GAL).

 

Some jurisdictions allow a parent of a child to exercise the authority of a legal guardian without a formal court appointment. In such circumstances the parent acting in that capacity is called the natural guardian of that parent's child.


Attorney Brendan M. Kelly has been helping diverse clients to address estate-planning needs for over twenty years. He will keep you up to date and provide the resources and options you need to meet your needs. Allow Brendan to works for you to meet all your estate-planning needs.

 

Please note some of the information has been taken from Wikimedia projects http://wikimediafoundation.org/wiki/Home.