Advantages and Disadvantages of Becoming a Legal Guardian

Ideally, we all hope to live a long life in which we are able to provide for and take care of ourselves. Unfortunately, though, that is not always a possibility for everyone. When this is the case, legal guardianship may be necessary to care for the elderly or disabled. 

A legal guardianship grants a person the power to make important decisions for the person under their care (usually referred to as the “ward”), such as legal, medical, and monetary decisions that they may not be able to make on their own. However, becoming the legal guardian of another person can be a complicated process and has some advantages and disadvantages for the guardian. 

Advantages of Becoming a Legal Guardian

  • Once you’ve been named the guardian, you can be confident in the fact that you will be able to take care of your loved one in the way that you believe is in their best interests for years to come. 

  • In most cases, you have the legal right to make important decisions on behalf of your ward, such as medical or financial decisions.

  • Legal guardianship can also help the ward feel secure in that the court has the ability to keep track of what decisions are being made by the legal guardian, and can step in if it is believed that the guardian is not acting in the ward’s best interest.

Disadvantages of Becoming a Legal Guardian

  • It’s a long-term commitment. In fact, if you’re only going to be taking care of your loved one for a short period of time, legal guardianship is likely not the best option for you. 

  • It comes with a lot of responsibility. Instead of taking care of your ward simply because you want to, you are now legally obligated to be responsible for them.

  • Obtaining legal guardianship can be difficult. Because guardianship is a legal matter, you must petition for legal guardianship and then go through the court process to get approved. 

While becoming the legal guardian of your loved one is a complicated process, it does not have to be a difficult or scary one. There are many films, such as the 2021 Netflix Original I Care A Lot, which showcases this process and its advantages and disadvantages and may be of interest to anyone trying to make this decision. If you and your loved one decide that legal guardianship is the best option for you, you can request a consultation with a guardianship attorney at Robert M. Nelson Law to learn more and get started. 

Robert M. Nelson Law

Robert M. Nelson Law is a law practice run by Bob Nelson in Avon, Ohio. Bob Nelson offers legal services regarding wills, trusts, guardianship, estate planning, and probate.

https://rmnelsonlaw.com
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