Guardianship

Guardianship of an adult

A guardian is a person appointed by a probate court and given power and responsibility to make certain decisions about the care of another individual. These decisions might include medical treatment decisions or where the individual should live. If the individual has a reduced life expectancy due to advanced illness, the guardian may have the power to make an informed decision on behalf of the individual regarding receiving, continuing, discontinuing, or refusing medical treatment. A full guardian can make ll decisions for the individual. A limited guardian can only make decisions for the individual that the court allows. The court can appoint a guardian when it finds the person is a legally incapacitated individual and determines that a guardian is necessary. A legally incapacitated individual is and adult the court finds to be so impaired by mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, the he or she lacks the understanding or capacity to make or communicate decisions.

Guardianship of a child

The court may appoint a full guardian for a child if the child's biological parents are deceased, missing, confined in a place of detention, or mentally incompetent. The court may also appoint a full guardian if the parental rights of the parents have been terminated, or the parents allow the child to live with another person (without legal authority), and do not provide support for the child. The court may appoint a limited guardian for a child, upon the petition of the parent or parents. A limited guardianship requires the consent of the parent or parents, sufficient contact with the parent or parents to maintain a parent/child relationship, and a reason for the appointment of a guardian.

At Twiss and Twiss we have extensive experience in all guardianship matters.