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  • Choosing a Guardian - Choosing a Guardian Law Resources - LawInfo
    they do their own Core Values Choose a guardian who has the same or similar values including religion morality social educational and a similar child rearing philosophy Personality Choose guardians who are good role models have patience and know how to show affection for children Age Age can matter Parents may want a guardian who is about the same age as themselves so the children will not have to go through the loss of a parent again But choose a youthful guardian who is emotionally mature If the guardian is older consider if they have the health and energy it takes to rear a child Financial Health Choosing a family that has an adequate income may not be as important as parents might think The children are likely to be beneficiaries of insurance policies and that can ensure they have their own financial health Size of the Guardian s Home Parents will want their children to have their own space in their new home The will can provide part of the parent s estate to build an addition to the existing home or to help finance a larger home Guardian Panel If parents cannot agree on a guardian choice or no one on the list of prospective guardians is perfect parents may consider establishing a guardian panel in their wills The panel may be comprised of trusted family and friends who will choose a guardian when and if that becomes necessary The panel also provides flexibility to accommodate a child s changing needs as they age Another way to achieve an agreement between parents is by consulting an estate planning attorney who is also a counselor Making the Choice for a Guardian People selected to be a guardian alternate or temporary guardian need to accept the responsibility willingly and without

    Original URL path: http://www.lawinfo.com/choosing-a-guardian.html (2016-02-15)
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  • Conservatorship Basics - Conservatorship Basics Law Resources - LawInfo
    against an attempt to defraud or can be persuaded by the undue influence of another person Simple isolated mistakes such as forgetting to cash or write a check are not sufficient to conclude the incapacitated person cannot manage their own finances The error must be significant and not isolated However if the court determines the person does not have legal capacity to incur debt enter into a contract or assign a gift an estate conservatorship is necessary The court may allow the conservatee the right to make a will or conclude minor business transactions Establishing a Conservatorship To establish a conservatorship a petition to appoint a conservator must be filed with the court by the potential conservatee or The spouse or domestic partner A relative A friend An interested state or local agency Any other interested person After the petition is filed the court will hold a hearing to determine what is in the potential conservatee s best interests Choosing a Conservator The conservator can be individuals including family members and friends a professional conservator or a non profit conservation organization The conservator may be nominated by a conservatee who has the legal capacity to do so basically meaning the conservatee s judgment is sufficient to make a wise choice Generally the courts honor the conservatee s choice However the court has the discretion to choose someone other than the conservatee s choice if the court determines that choice is not in the conservatee s best interests Should the court determine more than one person is qualified equally the court in some states can appoint the conservatee s spouse or domestic partner their adult children parents or the parents nominee a sibling or the sibling s nominee A Conservator s Duties The selected personal conservator has a number of duties

    Original URL path: http://www.lawinfo.com/conservatorship-basics.html (2016-02-15)
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  • Establishing Guardianship - Establishing Guardianship Law Resources - LawInfo
    letter explaining why the guardianship is sought for the judge to consider A statement from the parents of the child giving consent to the guardianship is ordinarily required Guardianship Hearing After the petition is filed the court sets a hearing date to consider relevant information and begin an investigation into the proposed guardianship The investigation generally includes conducting interviews with the intended guardian and in some situations with the child as well if the child is old enough to have a considered opinion and with the child s parent s if available Interviews with an intended guardian s own children may be held The court also may order that the home of the intended guardian is visited by the appropriate authority such as child welfare agencies and is inspected to determine the condition of the home and how well it is kept Conducting a criminal background check of the intended guardian is usually performed The investigator then makes a recommendation to the judge Best Interest Standard In all guardianship cases it is the court s responsibility to determine if appointing the intended guardian is in the best interest of the child during the hearing on the guardianship petition The parents s and close relatives of the child are required by law to be notified that a guardianship hearing will be conducted and when and where the hearing will take place If the guardianship is approved the judge will issue an order establishing the guardianship Parental Consent If one or both parents do not consent to the guardianship the court must be convinced that one or both parents are unfit or have abandoned the child and by applying the best interest of the child standard Share this information Search LawInfo s Establishing Guardianship Resources Still have questions Contact experienced Establishing Guardianship

    Original URL path: http://www.lawinfo.com/establishing-guardianship.html (2016-02-15)
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  • Guardianship Basics - Guardianship Basics Law Resources - LawInfo
    the child turns 18 years old The request that a particular person become a minor s guardian does not have to be honored by the court However if parents name a guardian in their will the court usually honors that request What Guardians Do The duties of a guardian are specified by the court Generally the duties include ensuring a minor receives an education managing his or her finances and supervising healthcare decisions Arranging placement in a residence for an incapacitated person with that person s consent is sometimes required The guardian makes decisions directed by what the incapacitated person would do if he or she could make the decision on his or her own Being a guardian also means answering to the court and making the best decision possible in the interest of the person If a dispute comes about a case manager devises a compromise to protect the incapacitated person s best interest but if a compromise cannot be arranged the court will hear the dispute and rule on it Requirements to be a Guardian A guardian must be at least 18 years old without mental issues or criminal felony or gross misdemeanor convictions and be knowledgeable about the topics he or she will decide in the best interest of the incapacitated person The courts may have additional requirements A corporate guardian acts as a fiduciary which generally means acting for another s benefit in managing property and money and holding the trust of that other person If a person is serving as a guardian for three incapacitated persons the guardian must be certified Length of the Guardianship Guardianships generally last as long as the person remains legally incapacitated or until the minor reaches majority age generally 18 During that time the guardian must meet the competency and

    Original URL path: http://www.lawinfo.com/guardianship-basics.html (2016-02-15)
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  • Guardianship of Incapacitated or Disabled Individuals - Guardianship of Incapacitated or Disabled Individuals Law Resources - LawInfo
    Incapacitated or Disabled Individuals Attorneys on LawInfo Or click to find Guardianship of Incapacitated or Disabled Individuals Attorneys in a specific location Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Share this information Still have questions Contact experienced Guardianship of Incapacitated or Disabled Individuals Attorneys on LawInfo com or learn more about Guardianship and Conservatorship Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Child Support Child Custody Domestic Violence Advertisements Find An Attorney By Practice Area By Location By Name Resources Hot Legal Issues Legal Forms Legal Library Law Videos Consumer Blog Forums For Attorneys Legal Marketing LawInfo About Us Jobs Partners Contact Us Authors Español Legal Copyright Notice Privacy Policy Terms Conditions Disclaimer Connect with us Google Facebook Twitter YouTube LinkedIn 5901 Priestly Dr Ste 200 Carlsbad CA 92008

    Original URL path: http://www.lawinfo.com/guardianship-of-incapacitated-or-disabled-individuals.html (2016-02-15)
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  • Guardianship of Minors - Guardianship of Minors Law Resources - LawInfo
    for the child or if the parents are incapacitated mentally or physically The procedure is to obtain a petition form to appoint a guardian from the probate court clerk s office and submit the completed petition and filing fee to the probate clerk s office to be scheduled on the court s calendar for a hearing Filing fees usually can be waived if a financial hardship exists The prospective guardian must notify in writing the minor s parents or nearest relative and anyone who has legal custody or guardianship and to provide the time date and place of the hearing at least three days before the hearing is to occur Proof of this notice will be required at the hearing If the legal custodian or guardian already in place agrees that the petitioner should become the guardian the court requires a signed and notarized written consent letter to that effect If one or both parents are deceased a death certificate must accompany the petition In cases that the parents cannot be found the notice must be sent to the last known address Minors age 14 and older must also consent to the guardianship in writing or be notified of the hearing Guardianship Hearing The petitioner and the minor must attend the hearing If the judge appoints the petitioner as guardian the probate clerk provides evidence to be submitted to schools and anyone who must know about the guardianship Bonding Generally persons who are appointed as estate guardians must post a bond that is double the value of the minor s estate with the court guaranteed by two sureties or by a corporate surety company The bond is a guarantee that the guardian will properly execute his or her duties to the estate Guardian Duties The guardian of a minor must

    Original URL path: http://www.lawinfo.com/guardianship-of-minors.html (2016-02-15)
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  • Roommate Contract - Roommate Contract Law Resources - LawInfo
    Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Child Support Child Custody Domestic Violence Advertisements Find An Attorney By Practice Area By Location By Name Resources Hot Legal Issues Legal Forms Legal Library Law Videos Consumer Blog Forums For Attorneys Legal Marketing LawInfo About Us Jobs Partners Contact Us Authors Español Legal Copyright Notice Privacy Policy Terms Conditions Disclaimer Connect with us

    Original URL path: http://www.lawinfo.com/roommate-contract.html (2016-02-15)
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  • Parenting Civil Liability - Parenting Civil Liability Law Resources - LawInfo
    e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Child Support Child Custody Domestic Violence Parenting Civil Liability Videos Non Custodial Parental Rights Advertisements Find An Attorney By Practice Area By Location By Name Resources Hot Legal Issues Legal Forms Legal Library Law Videos Consumer Blog Forums For Attorneys Legal Marketing LawInfo About Us Jobs Partners Contact Us Authors Español Legal Copyright Notice Privacy

    Original URL path: http://www.lawinfo.com/parenting-civil-liability.html (2016-02-15)
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