Being named as a guardian for minor children (guardians can also be named for older adults) is often viewed as an honorable and touching distinction. Still, there are factors to be aware of before you accept this legally-binding responsibility.
Thankfully, there are ways to navigate this sometimes-confusing process. One of those methods includes partnering with a reliable child guardianship attorney in Volusia County who can help you better understand the process and your role in the continued education and upbringing of the child or children for whom you’ve been named guardian.
Use these suggestions to learn more about guardianship, if it’s right for you, and your rights and responsibilities now and in the future.
Know the Terminology
Simply stated, a guardian is someone who has been legally appointed to oversee the care and protection of an individual or property for a person who is (for whatever reason) no longer able to do so on their own. Guardians are most often named for minor children; however it’s possible to be named a guardian for a physically or mentally-disadvantaged person.
You may have also heard the term “preneed guardian.” This is an option that parents can use before a guardian is needed. Similar to a traditional guardian, a preneed guardian agrees to take control of child care if a parent dies or is incapacitated, suffers debilitating injuries or illness, or becomes subject to adverse action relevant to their immigration status.
Before you agree to accept any legal authority, it’s paramount that you contact a trusted and reputable Daytona Beach attorney who can advise you of the consequences and opportunities surrounding such designation.
Be Prepared to Answer Important Questions
Consulting with an attorney prior to being appointed a guardian for minor children will put you in a better position to answer questions relevant to your qualifications as a guardian. These could include your education, relevant training, credit history, criminal history, and more.
In some cases, your age and health status could also be taken into account if there were an issue related to that. Rather than a personal attack, these inquiries and observations are made solely for the sake of the ongoing care and protection of the minor children for whom you may be assigned to take on guardianship duties.
It’s important that you answer these and all questions honestly and thoroughly. In addition, if you’re unable or simply unwilling to become a guardian if needed, this information should be clearly communicated up front. If you’re apprehensive to do so in front of a loved one (or fear negative repercussions), a dependable Daytona Beach lawyer is able to provide valuable assistance.
Consult a Qualified Attorney
As previously mentioned, being asked to become a guardian for minor children is often touching. It can also present a stressful and even overwhelming situation for some people. Our law firm specializes in guardianship, family law, divorce, estate planning, and probate. We’re also well-known as guardianship for minors in Daytona Beach. Contact us today with all your legal questions and to better understand what a guardianship designation could mean for you.
Mara Law, P.A.
555 West Granada Blvd, Suite B5
Ormond Beach, FL 32174
Downtown Executive Center of DeLand
120 S Woodland Blvd. Ste 202
DeLand, Florida 32720
389 Palm Coast Parkway SW, Ste 4
Palm Coast, Florida 32137
Mara Law, P.A.. Our main office is in Ormond Beach. We're also available in Deland and Palm Coast by appointment only.
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