When someone is analyzing the prospect of appointing guardianship or someone has decided that guardianship is the best route to take, the most important first step is determining who needs to be named as the guardian. In most cases, people have already decided on the right one or two candidates to care for their loved one in need. There are a few things that need to be considered when deciding who to nominate as a guardian. Ultimately, the judge will use their discretion to determine who to appoint; however, when family members nominate a person, this is highly weighted and considered. Assessing the subsequent factors will help you receive the comfort you need knowing that you nominated a qualified individual.
A qualified candidate should have a clean criminal history and background. The court will also make certain that the candidate has good physical and mental health. This is important because the prospective guardian must be physically fit to fulfill the responsibilities of caregiving. For example, children require a lot of strength and energy to care for, while adults need to be lifted if they have physical incapacities. The guardian vetting process is important since a guardian must manage the person’s finances and well-being. This is why the guardian candidate must have good mental health to make sound decisions.
A person or child who is in need will require a lot of patience and trustworthiness. Guardians must exude a high level of trustworthiness and good character. This person will be granted a large number of legal rights, and they will be entrusted with the legal powers to make decisions on behalf of another person. Whether the guardian is required to fulfill duties, it is important to know that the adult or child’s well-being is in trustworthy hands. There are some states that follow a hierarchical order when it comes to assigning guardians. The courts also weigh the requests of family members. Certain accountings and reports will be required to make sure the guardian is adequately caring for the individual and is properly exercising their rights.
Regardless of the details surrounding your 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.
