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Guardianship
Barrister Amna (Alevels Academy Islamabad)
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8/14/2024
A Levels Academy Islamabad
Category
📚
Learning
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00:00
For a variety of reasons, some people need others to make decisions for them.
00:04
For certain minors or adults that have mental or physical disabilities, a guardianship is
00:09
oftentimes the answer.
00:11
A guardianship is a legal proceeding where a guardian is appointed to exercise the rights
00:16
of someone else.
00:17
Now, a guardian can be either an individual or an institution, such as a non-profit organization.
00:24
And the person being cared for by this guardian is called a ward.
00:28
For minors whose parents are deceased or incapacitated, the court is required to appoint
00:33
one.
00:34
For adults, the court must rule that a person's decision-making ability is so impaired that
00:39
a guardian is needed.
00:42
Guardianship is only warranted when other, less limiting alternatives are not appropriate.
00:47
Alternatives such as proxy, trust, durable power of attorney, and health care surrogate
00:52
to name a few.
00:54
In Florida, voluntary guardianships are permitted, where a mentally competent adult is incapable
00:59
of managing their property and petitions for guardianship.
01:02
Florida also allows two different types of adult guardianships, limited and plenary.
01:08
Limited guardianship is when a court decides someone is capable of handling some, but not
01:12
all, of their affairs.
01:15
Plenary is just a lawyer word for full or unlimited and refers to when the court appoints
01:19
someone to exercise all of a ward's rights and powers for them.
01:23
Basically, this is the court saying the ward cannot take care of themselves.
01:27
And beyond just appointing a guardian to represent someone, there is also an implied duty to
01:32
protect the individual as well.
01:34
There is accountability on the part of the guardian whether the guardianship is permanent
01:37
or not.
01:39
And if there's a conflict of interest, the court may not appoint a particular desired
01:43
guardian.
01:44
If you find yourself or someone you know in need of a guardian, LegalYou can provide you
01:48
all the information you need.
01:50
For serious matters such as these, preparation isn't just a luxury, it's a necessity.
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