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Ten Things to Think About: Choosing a Guardian
Guardianships and conservatorships are established for people who need representatives to oversee their personal affairs or finances. A person incapacitated by age or health problems may come under the care of a legal guardian or conservator. This relationship is often established by court order when an adult becomes unable to deal with his or her personal affairs, but in some instances a guardian may be pre-selected by the individual directly concerned.
If you have a role in selecting or approving a guardian, you should give serious thought to the following ten questions.
Does the candidate have a reputation for honesty, integrity, and timeliness?
Has the candidate ever been convicted of a crime?
Has the potential guardian managed his or her personal matters in a responsible manner?
Does the candidate have educational, professional, or business experience that lends itself to the performance of the duties of a guardian or conservator?
Does the candidate have the time to devote to the required duties?
Is the potential guardian in good health?
Does he or she have a history of substance abuse?
Is the candidate likely to engender the respect, support, and cooperation of all persons affected by his or her decisions?
If the ward is incapacitated, did the ward previously express his or her wishes as to whom to appoint as guardian?
Although not required, is the potential guardian related by blood or marriage to the ward, or does he or she know the ward well enough to carry out that person's probable intentions?
FAQs
- When is the appointment of a guardian appropriate?
- This sounds very expensive. Who pays for a guardianship?
- Are there any disadvantages to the appointment of a guardian?
- May the court remove a guardian?
- If I need a guardian, may I specify whom I want and do not want to play this role?
Guardianship Resources
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