Court Guardianship

A guardian is also prohibited from making gifts from the ward's estate. Generally, a guardian cannot tie up the ward's money by purchasing real estate, but can lend the money to someone else buying real estate if the property is sufficient security for the loan.

The duties of a guardian, generally speaking, are to oversee the welfare and safety of the person under guardianship, and to attend to the financial needs of the individual, using his or her assets wisely. A guardian has a legal duty, called a "fiduciary duty", to act in the best interests of the individual.

Under the proposed changes, a guardian could also disclaim a ward's interest in property. These proposed changes will allow guardians to create TOD beneficiary designations and change beneficiary designations for annuities, insurance policies, and retirement plans of the ward.

Specific advantages include: Security Once you are named as guardian, you can be confident that you will be able to provide care for your ward for years to come. Legal Rights You will have the legal right to make financial, medical, and other decisions on behalf of your ward (in most cases).

The legal guardian has the right to consent for the minor and make all decisions regarding the minor's health and education. A legal guardian will maintain custody of the minor until the minor reaches the age of eighteen, or until a judge determines that the minor no longer needs a guardian.

A Guardianship allows a person to make medical and placement decisions for another person who is unable to make those decisions (the ward). Guardianship is most often used when a person has lost his or her ability to make decisions because of age or incapacity.

If you disagree with the guardianship orders, you can appeal to the NCAT Appeal Panel or the Supreme Court of NSW. Appeals can only be lodged within a certain period of time from the date of the decision.

A temporary guardianship can only last up to six months. Any person who has an interest in the welfare of a minor, including the minor if 14 years of age, may file a petition with the court for appointment of a guardian for a minor.

In a Michigan guardianship proceeding, the probate court appoints a person to make necessary decisions for a legally incapacitated individual.