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A Guardian is someone who is appointed by the court to manage the personal or financial affairs of an individual who has been judged to lack capacity to do so on his or her own.  It is a legal relationship between an adult and a person who has been declared by a court legally unable to manage their affairs.

Generally a guardian is needed to act on behalf of an incompetent adult or to act on behalf of minor children.  A Guardian may be a family member, close friend or neighbor, or a professional guardian. 

When a person is determined to be incapacitated, a party must petition for the incapacitated person to be judged incompetent.  If there is no alternative to a guardianship proceeding, such as a power or attorney or living trust, the court may appoint a guardian to exercise a variety decisions. 

If a guardian for a minor child is needed, the court may appoint a guardian in such situations where both natural parents are deceased or their parental rights have been terminated and in situations where a minor child inherits or receives money from an estate. 

Understanding the process of initiating a guardianship proceeding, the establishment of the proper type of guardianship, and the legal responsibilities and requirements of guardians can be difficult to understand.  The Walls Law Firm can assist with the proceedings, appointment, and administering of Guardianships for adults or minor children.