Guardianship Questions & Answers

What is disabled? - ANSWERInability to make decisions that promote one's well being in conformity with one's own values and preferences. Non-legal. What is incapacitated? - ANSWERA legal term, statutorily designed, when one is determined by the guardianship court to lack the capacity to manage at least some property to to meet at least some of his or her essential health and safety requirements. What is the biggest disadvantage of Guardianship? - ANSWERCourt interaction enforcing strict laws, causing delays and great expense. What are some advantages to Guardianship? - ANSWERThe Court acts as a guardian angel, preventing issues from occurring, regular financial disclosures, and responding to needs estate planners may not respond to or understand. What is required for a pre-need guardian to be valid? - ANSWERIt must be signed in the presence of two witnesses at the same time. What is the assumption created with a pre-need guardian? - ANSWERIt creates a rebuttable assumption that the pre-need guardian is entitled to serve. What is the evidentiary standard to rebut a pre-need guardian? - ANSWERThat it would be contrary to the BEST INTERESTS of the ward. What are the natural guardians of a child in minority? - ANSWERThe mother and father, or the survivor of them, even if he or she remarries, or the parent who wins custody in a divorce. Single mothers with children born out of wedlock are the natural guardian of children barring court order. What can natural guardians do? - ANSWERAuthorize to settle and consummate claims and causes of action accruing to their minor children for damages to their person or property. They're authorized to do so when the amount does not exceed What does AIP stand for? - ANSWERAlleged incapacitated person. What is the minimum for appointing a guardian for a minor by a Court? - ANSWER$15,000.