Guardianship
There are two common scenarios that the result in a person having a guardian appointed over them. The first scenario occurs when a minor child has a parent that is unfit, unable or unwilling to care for the child. The second scenario occurs when an adult has an incapacity that makes them unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he or she lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur.
When the court appoints a guardianship over a person, the guardian is given the legal right to act on behalf of the minor child or the incapacitated adult. The legal rights given to a guardian include:
Obtaining medical care and treatment
Enroll a child in school
Obtain insurance
Guardianship of a Minor Child
A clear example of a parent being unable to care for a minor child is when the parent has passed away. If both parents are deceased the court will appoint a guardian to care for the minor child. Missouri law allows the parents to appoint a guardian through their estate planning documents such as a will or trust. If the parents do not appoint a guardian, the ultimate decision of who should be named as the guardian will be made by the probate court judge.
A guardianship can be obtained over a child if both parents are alive but found not to be ready, willing and able to provide the necessary care of the child as required by law. For example, a guardianship can be appropriate if the parents are unavailable due to illness, military deployment, drug addiction or other similar circumstances. These examples are provided for reference and are not the only scenarios that make the appointment of a guardianship appropriate.
Guardianship of an Incapacitated Adult
When an adult is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he or she lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur a guardianship is appropriate. Oftentimes a guardianship is requested by the family of an adult who is not able to care for themselves. However, the law does not require the guardian be a family member.
Josh Knight has handled many guardianship cases and is ready to assist you. Contact the Knight Law team today to schedule your appointment - (636) 947-7412.