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A loss of autonomy for the ward: This is the most significant drawback to establishing legal guardianship over an adult. Because the guardian is responsible for making decisions on behalf of the ward, the ward may not have any say or may feel they have lost control of their own lives.

There may be an unnecessary infringement of the alleged incapacitated person's privacy, freedom and loss of decision-making authority. The appointed guardian may over time become overly protective, dominating and arbitrary.

As with most legal proceedings, temporary guardianship requires a notary. Documents that are sent to the court need to be notarized. Every witness statement and other piece of evidence you gather to support your filing for temporary guardianship will need to be notarized to be credible.

While there is some variation from state to state, when a court appoints a guardian, that court may remove the individual's right to: Determine residence. Consent to medical treatment. Make end-of-life decisions. Possess a driver's license. Manage, buy, or sell property. Own or possess a firearm or weapon.

To become a guardian, the main requirement is that the petitioner be at least 18 years old. Additionally, the court may consider other factors, such as: Can the petitioner pass a background check with no felonies or misdemeanors?

The Cons to Guardianship: Loss of Freedoms: Your loved one loses the ability to make decisions for themself. Stigma of Incapability: Potential societal devaluation of your loved one. Non-Transferable: Risks if the guardian passes away. Difficult to Overturn: Once done, it's a challenge to reverse.

The court will decide if a guardian should be appointed to make decisions about personal needs, finances and property, or both. The types of decisions a guardian can make are known as powers. A person with a guardian still has any decision-making ability not specifically given to their guardian.

Custody orders are often considered to be more permanent solutions to childcare issues, while guardianship may last a lifetime, but also has the opportunity to be temporary. Whether you're seeking to obtain custody or guardianship of a child, it's essential to ensure that you have the right assistance.

To Guide for Guardianship Letters Basic Information. In the letter heading, include basic details like names and addresses. Statement of Consent. Grant Powers to Guardian. Describe Your Absence. Provide Contact Details. Get Letter Notarized.