Article Side

Online Article Directory!

Hello Guest! Login or Register to submit articles!

When Legal Guardianships Make Sense Plus a Few Alternatives to Consider

By Glenn Farrier Subscribe to RSS | March 29th 2012 | Views:

A legal guardianship is a court-created relationship where a person takes legal responsibility for the needs of a minor child or incapacitated individuals. These people take over the responsibility for making decisions about healthcare, food, housing, and even social interactions. When a guardianship is in place, they have ultimate authority over decision making in the incapacitated person’s life. While there is court oversight of the process, there is a significant loss in freedom that goes along with it.

There is an obvious need for a minor child to have guidance and supervision who obviously cannot raise themselves. If they are married, most people will designate their spouse to look after their children in the event of their death. However, it is wise to name additional persons, for instance, a parent, brother, sister, uncle or other close family member or friend that you would trust to act should your spouse die before you, or any of those named becomes unsuitable to act as guardian.

These wishes can be established in a will and helps in many ways including:

• Providing details about the parent's wishes regarding disposition of the estate and assets

• Name an Executor of the will

• Avoid potential custody battles by establishing legal responsibilities for the guardian

• Protect the interests of minor children until they reach the age of majority and can make decisions on their own.

However, if a legal guardianship is not put in place the consequences are more severe when then an incapacitated adult has control over his or her own decisions. This could mean disastrous consequences financially and in terms of healthcare. However, putting such legal measures in place does mean the loss of certain fundamental rights. The right to make decisions contrary to the guardian, for example, is lost immediately. While not every personal right is lost in the process, the fact is many of them are.

There are other less invasive alternatives which can be exercised to protect an incapacitated loved one while still allowing them some freedoms. A conservatorship is similar to a guardianship except a conservator has power to exercise control over the incapacitated person’s estate only. An estate is comprised of all the possessions belonging to the person. A conservator will typically be in charge of managing financial decisions for the estate.

Another option is establishing power of attorney. A power of attorney is a legal document that grants certain power and authority to the person who holds it to act on behalf of another person. A power of attorney can be revoked at will, at any time. On the other hand, unlike with court-appointed guardianships and conservatorships, there is no oversight involved with a power of attorney, making them potentially a greater risk for abuse and misuse.

Glenn Farrier - About Author:
If you are considering a legal guardianship for a loved one, or if you have questions regarding the different options available to you, the best step you can take is to contact an attorney. An estate planning attorney will be able to give you a detailed look at the pros and cons of each choice, allowing you to make the best decision for yourself and your family.

Share on Facebook Tweet It Stumbleupon this post This post is delicious !

Article Source:

Related Business Articles Subscribe to RSS

Finding an attorney Tyler, TX
Published by Evans Baliol on November 25th 2011 | Business
The economy is in rough shape, there are no two ways about it. There are people who are doing their ...
Affordable Measures to enjoy Uninterruptible power supplies at work
Published by Samuel Arthur on January 18th 2012 | Business
When it comes to power distribution in a home or in a business, there are certain things to take int...
Experience Dedicated services of Personal injury attorney Nebraska
Published by Mchenry1 on March 21st 2012 | Business
In such busy life, if you experience any physical injury in some sort of mishappening like accident ...
Perpetual power in any location.
Published by Samuel Arthur on January 16th 2012 | Business
Modern society is dependent upon electricity as a rule. From basic to complex tasks, machinery and t...
Apply for the disability benefits successfully with the help of an attorney
Published by Safinajones on February 29th 2012 | Business
There are a number of disability benefits schemes available with the federal government. Here is a u...
High temperature power supply helps you run your machinery as per your need
Published by Julia Bennet on February 26th 2012 | Business
Those that are only use domestic power supply never understand the complexity of power that is used ...
At what time you must approach for litigation attorney
Published by Adli Law on April 2nd 2012 | Business
Usually, law firms are being considered as the best sources to explore the best lawyers belonging to...
High voltage power supply devices are essential for your industry
Published by Julia Bennet on February 27th 2012 | Business
Power supply is something none of us can do without, whether we are domestic or industrial consumers...
Hire a Zadroga attorney to get justice and rightful compensation
Published by Jennifer Weinstein on January 14th 2012 | Business
The Zadroga attorney helps the victim in getting justified amount of compensation from the faulty pa...
Understanding the 80plus power supply concept
Published by Dainard Jackson on November 25th 2011 | Business
There are many computer products that have really shaped the computer industry. The rackmount comput...
How to Harness the power of Oil gas?
Published by Jorge Murillo on May 21st 2012 | Business
Oil and gas are the main components that we require in our daily life. Whether we are cooking food a...
Protecting Your Assets and Income During a Bankruptcy Case with an attorney Tyler, TX
Published by Evans Baliol on November 25th 2011 | Business
The first step to settling a bankruptcy case without losing more than you bargained for is to simply...
Personal injury attorney Lincoln ne is the most trustable lawyer
Published by Mchenry1 on January 31st 2012 | Business
If you probably are a victim of misfortune or accident & are suffering from the injury, then it will...
Zadroga attorney prove to be the new heroes of the WTC attack
Published by Carl Schmidt on December 14th 2011 | Business
If you are an unfortunate victim of 9/11 toxic attack, engage a reliable Zadroga attorney to take up...
3 Myths About attorney Tyler, TX offices
Published by Evans Baliol on November 25th 2011 | Business
The humble bankruptcy attorney Tyler, TX gets perhaps more bad press than just about anybody....
Zadroga attorney enable to get better medical aid and healthy lifestyle
Published by Jennifer Weinstein on January 6th 2012 | Business
Zadroga attorney assist the victims of 9/11 terror attack, to get well deserved reimbursement for be...
Why do you hire a patent attorney?
Published by Adli Law on April 5th 2012 | Business
If you have realized the imperativeness of the patent attorney, have one of them in your side in ord...
How to choose Family law attorney Nebraska
Published by Mchenry1 on May 29th 2012 | Business
Family law is an area dealing with legal disputes that are related to families. Divorce, division of...
Personal injury attorney Nebraska services
Published by Mchenry1 on June 13th 2012 | Business
Being offended could be an extremely worrying thing to carry on with, particularly if you endeavor t...
Zadroga attorney is a life savior for the 9/11 attack victims
Published by Jennifer Weinstein on December 12th 2011 | Business
Zadroga Attorney plays a very important role in helping the sufferers of 9/11 attack in getting a re...