Law Offices

When Should Legal Guardianship Be Employed?

on February 10 | in Legal | by | with No Comments

There are times when a parent cannot give his or her child the caring needs that they require. This can happen when the parent is working on a different part of the world, was determined to be incapable of taking care of his child, or is in the death bed. These are only some common situations that would require a legal guardian, but there are actually more possibilities.

Legal Guardian Who?

A legal guardian is an individual legally authorized and dutifully assigned to take care for the personal and even property interests of another person, who is legally called the ward. The ward is normally somebody who cannot take care of his own assets or resources because of either being a/an:

1.       Underage (Infant)

Heirs of deceased people who are infants should be assigned a legal guardian because they are incapable of doing so because of their age. However, when they reach a certain age, then they may be emancipated from their guardian. Today, many countries have already imposed that the parents of a minor child will act as the legal guardian as well, but they can also designate a person to do so, in case of death but is still subject to the approval of the court.


The proceedings are normally held at the Surrogate’s Court of the country and the state of which the infant resides, but should there be more disputes, it may be brought to the Supreme Court. During the proceeding, a guardian may be selected by the court, notwithstanding if the parents are alive, with or without the parents’ consent. If the infant is over the age of 14, he or she may even be appointed as the legal guardian. This guardianship may also be deemed temporary or for permanent. The guardian may also be assigned the power to construct decisions about the infant’s protection, the education, mental and health condition as well as the physical supervision. The power of the guardian may also be limited or not limited to the infant or the properties of the infant as well and he may also be authorized by the court to sell the properties.

2.       Incapacity

The very definition of incapacity encompasses many. It may also include a mentally retarded person or a developmentally disabled person.


Prior to proceeding with the court hearing, it is important to obtain a medical certificate indicating the condition of the ward. This certification should also state that the mental retardation of the ward is unending in nature and is most likely to continue indefinitely. In cases such as this, a guardian is usually authorized to make the health care decisions which can include either keeping or finally withdrawing the life supporting treatment.

3.       Disability

If a person, over the age of 18, is deaf, mute, blind, is  or whichever disability it may be, this is a major cause for a person to be assigned a legal guardian. An elderly who is weak or was diagnosed with Alzheimer’s or Parkinson’s disease may also be assigned to a guardian.


The legal guardian of an incapacitated person is designated the task of ensuring that all personal, shelter and health care needs are met.

Find out how Wyne Burton Law, leading Real Estate Lawyers can help in preparing cases for legal guardianship.

Pin It

Leave a Reply

« »

Scroll to top