Understanding Guardianship in Utah
We all understand that minors need an adult appointed in their life to be responsible for them and their wellbeing. In most cases, these people will be their natural-born parents. In some cases, birth parents can no longer be responsible for their children. These reasons can include but are not limited to severe illness, disabilities, incarceration, and even death. When these situations arise, minor children can be adopted, or Guardianship can be assigned through the family court system. To be considered a guardian, a person typically needs to be over the age of 18 and is determined competent to hold down a job to provide essential care for the minor children.
Guardianship for Disabled Adults or the Elderly
It should come as no surprise that just because a person reaches the age of adulthood, they are not automatically equipped to care for themselves. When a person needs protection provided by a guardian, they are sometimes referred to as an award. Award of the state is also referred to as a protected person. Local courts will work to find a suitable guardian, usually starting with immediate family members and those who seek to become a guardian over another. Remember that legal Guardianship is focused on the wellbeing and vulnerabilities of the protected person. This means that guardians assume many responsibilities as they are intended to take care of someone who cannot adequately care for themselves.
When legal adult guardianship is pursued, a Petition to Appoint a Guardian must be filed in the respondent’s county. Common situations in which an adult needs Guardianship include when a person has mental disabilities, extreme illness, or suffers from mental or financial limitations due to old age. Family law attorneys help caregivers legally and effectively obtain Guardianship.
This includes when a person has Alzheimer’s disease, dementia, a stroke, or some other type of debilitating brain injury. A Power of Attorney allows caregivers certain legal powers to make financial and healthcare-related decisions. However, Guardianship must also be appointed in some cases and states if the POA is not durable.
Seek Legal Representation
Some cases may be more difficult than others when it comes to legal Guardianship. This can include but is not limited to situations where awards must be determined incompetent through expert findings and opinions. In other cases, more than one person may be seeking Guardianship over another. The court will try to find the most capable person and grant them guardianship rights.
And in other cases still, we have seen cases where one person is granted Guardianship over a person’s physical and medical wellbeing. At the same time, another person is granted Guardianship over the ward’s financial management. If you seek Guardianship in Utah, we invite you to speak more to the legal professionals at Burton Family Attorneys today.
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