Mary Szondy is a compassionate, experienced guardianship attorney practicing law in Minnesota for more than a decade. Have questions about a guardianship matter? Contact Mary Szondy today.
Why is guardianship necessary?
When someone needs a guardianship, they’re not able to make decisions on their own. This could be because they’re a minor whose parents have died or are unable to care for them, or because of age or a disability that affects their decision-making ability.
What does it mean to have guardianship?
A legal guardian helps a person make decisions about life issues such as healthcare and where they live. A guardian is appointed and supervised by the court.
The law requires that the least restrictive alternative be used to establish guardianship over another person. That means a person with a cognitive disability may be able to make some decisions on his or her own, and the caregiver would have limited guardianship. However, a person in a coma, for example, would not be able to make any decisions for him or herself and the caregiver would have more comprehensive guardianship responsibilities.
Who can be considered a legal guardian?
Any adult who can pass the Department of Human Services background check and have the courts decide he or she is the best person to be a legal guardian is qualified.
The guardian is not required to be a relative of the ward, but if multiple people petition for guardianship, courts often give preference to the most suitable relative. If it is not clear who would be best to serve a guardian, the court will appoint a third party professional.
When a guardianship is no longer needed, Mary is experienced with the termination process.