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A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability. Most countries and states have laws that provide that the parents of a minor child are the legal guardians of that child, and that the parents can designate who shall become the child's legal guardian in the event of their death.
Courts generally have the power to appoint a guardian for an individual in need of special protection. A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian. A person may also be appointed as a special guardian, having limited powers over the interests of the ward. A special guardian may, for example, be given the legal right to determine the disposition of the ward's property without being given any authority over the ward's person. A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem (which translated from Latin means "guardian for the proceeding").
Guardians ad litem are often appointed in divorce cases to represent the interests of the minor children. The kinds of people appointed as a guardian ad litem vary by state, ranging from volunteers to social workers to regular attorneys. The two divorcing parents are usually responsible for paying the fees of the guardian ad litem, even though the guardian ad litem is not responsible to them at all. The guardian ad litem's only job is to represent the minor children's best interests.
More on [ Legal guardian ]
Open Question: Almost 18 and could really use some advice on guardianships,notorized letters,and moving out?: So I ... http://bit.ly/5ajX0G
howdous (HowDo.us) Mon, 04 Jan 2010 09:49:39 -0000
Open Question: Almost 18 and could really use some advice on guardianships,notorized letters,and moving out?: So I ... http://bit.ly/5ajX0G
RT @_EstatePlanning: children's guardianships, the difference between guardianship and adoption. http://ow.ly/NoGq
sljorgensen (Sonja Jorgensen) Thu, 31 Dec 2009 01:14:41 -0000
RT @_EstatePlanning: children's guardianships, the difference between guardianship and adoption. http://ow.ly/NoGq
Guardians for Profit - Los Angeles Times - Comprehensive investigative series describing how professional conservators, probate courts and the Public Guardian fail to protect the elderly in California. Reviews more than 2,400 cases.
Meta Description: [ For Most Vulnerable,
a Promise Abandoned
By Robin Fields, Evelyn Larrubia and Jack Leonard
LAST OF FOUR PARTS: L.A.'s public guardian, stripped of county funding for over a decade, turns away many in need.
PHOTOS: A Public Agencys Painful Decline
GRAPHIC: Li... ]
Justice For Florida Seniors - Non-profit campaign to stop guardianship abuse. Includes a list of 10 dirty tricks identified by the Pinellas County Internal Auditor.
Meta Description: [ Justice for Florida Seniors is a soon to be 501c3 Charitable Non-profit organization whose mission is educate the public about the abuse towards the elderly by court appointed elder-care Guardians and help seniors and their loved ones make alternatives to Guardianships and stripping the rights of... ]
Performance Audit of Selected Court Conservatorship Cases - This 2003 report from the Michigan Office of the Auditor General questions the validity of conservators' annual accountings and the effectiveness of control procedures.
Queens County Grand Jury Report Concerning Thefts from Guardianships - Comprehensive 2004 report recommending major changes in existing law and court rules to improve oversight of court appointed guardians and examiners.
Rami's Rangers - Friends and family question Dr. Rami N. Rodriguez's treatment by his court-appointed conservator and express concern about his safety. Includes case details and advocacy information.
Retirement Nightmare - Describes how a senior can be forced to surrender decision-making powers through the abuse of involuntary conservatorship or guardianship proceedings in today's courts.
Stolen Lives - AARP Magazine - Barry Yeoman describes how thousands of elders are being robbed of their freedom, dignity, and life savings by a legal system created for their protection.
Meta Description: [ Thousands of older Americans are being robbed of their freedom, dignity, and life savings by a legal system created for their protection. How can this happen? ]
Under Court, Vulnerable Became Victims - Washingtonpost.com Report - June 2003 investigative series focusing on abuse and neglect of wards by guardians and conservators in the D.C. court system.
Victims of Guardians - Explores fiduciary exploitation of elders and abuse of power by court-appointed lawyer-guardians. Includes a bibliography of investigative news articles.
Who's watching the guardians? - Free Press Report - Wendy Wendland-Bowyer investigates abuse by professional guardians and conservators in Michigan's probate court system.
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