When you are exploring the option of establishing guardianship, or you and your family have decided that guardianship is the most sufficient route to take, the next important step is solidifying who should be named as guardian. You may already have someone in mind or you may be considering a few worthy candidates. Either way, it is necessary to spend sufficient time weighing your options in order to confidently decide who will care for your loved on in need. There are a variety of things to assess when making the decision as to who to nominate as guardian. Ultimately, it is in the judge’s discretion as to who he or she wishes to appoint, however, a nomination is highly weighted and considered. Considering the following factors will help you obtain the reassurance you need knowing you have nominated a qualified individual.
Physical and Mental Condition
Aside from a clear criminal history and background, the court will want to be sure the physical and mental health of the individual nominated for guardianship is stable. Regarding their physical health, if the prospective guardian is to be caring for a child or an adult in need, there may be physical requirements they must fulfill. A child requires a lot of energy and strength, and an adult may need to lifted depending on their physical incapacities. Whether the guardian is being vetted to oversee the person’s personal well-being or manage their finances, it is important that their mental health is also secure in order for them to make sound decisions. A person or child in need requires a lot of mental strength, patience, open-mindedness and trustworthiness and it is important that your nominee is qualified for the role in such capacities.
Character and Trustworthiness
Regardless of whether the guardianship will be established to care for a child, an adult, or an individual’s financial well-being, they must exude a high level of character and trustworthiness. If this person is entrusted with the legal ability to make decisions on behalf of another person and has a large amount of legal rights, it is necessary to ensure you are confident in their abilities. Whether the guardian is tasked with fulfilling a specific set of duties and instructions, or they are afforded a significant amount of discretion, it is important to know that the child or adult’s well-being is secured in trustworthy hands. Some states follow a hierarchy or preference order when it comes to assigning the role, but also heavily weigh the nomination when deciding who to appoint as guardian. The guardian is also held to court supervision standards as it relates to their duties and role requirements. Certain accountings and reports help ensure they are adequately exercising their rights and the individual is being properly cared for.
How a Kansas Guardianship Attorney Can Help the Needs of Your Family
Regardless of the details surrounding you family’s situation, Kansas Guardianship Attorney Tom McDowell understands your guardianship concerns. Contact a trusted Kansas Guardianship Attorney who has over 40 years of experience and can help you achieve the outcome that best suits your family’s needs. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we will assist you with your guardianship appointment.
