![]() This can happen due to reasons such as death, incapacitation, incarceration, and so forth.įinally, it should be noted that each state has separate requirements and procedures to establish a guardianship. In some instances, the party appointing the ward may also use forms provided by a local court or other state agency.Īn example of when a guardianship agreement may be needed is when the parents of a child want to ensure that their child will have someone to watch over them in the event that they are no longer able to care for them. These agreements can be standalone documents, incorporated into a person’s will, or drafted as an affidavit. Guardianship agreements are used to transfer certain rights to the guardian that allow them to make important decisions and care for the ward. Generally speaking, guardians are normally selected in one of two ways: either by a court or through a legal document called a “guardianship agreement.” The purpose of a guardian is to provide care and protection for the ward, as well as to make legal decisions on their behalf. ![]() However, a guardian can also be appointed for an adult who has a mental disability or becomes incapacitated due to an illness or injury. In many cases, the ward is typically a child or a minor who is below the age of majority (approximately 18 years of age in most states). Are You a Lawyer? Grow Your Practice What is a Guardianship Agreement?Ī guardianship is a legally formed relationship between an appointed party (i.e., the “guardian”) and a second individual known as the “ward”.
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