Guardianship
Practicing family law in Idaho entails more than providing legal services for divorce, custody and modification. One area of family law which deserves attention is guardianships.
Why would a guardianship be necessary and who might need or want one? A guardianship may be created for a child or for a person who is unable to tend to their affairs on their own. A guardian may be appointed for a child when their parent is unable to act in the capacity of their parent. A guardian may be appointed for an adult who has become incapacitated and is unable to make important financial, legal and day to day decisions.
For a child, a guardian may be appointed when the day to day care of the child by the parent has been interrupted. Thinking about today's economy, it is becoming more common for a child to be placed in the care of their grandparents while the parents move to a different state to find employment. A guardianship does not have to be created in this situation, however, doing so enables the grandparents to easily take care of legal, educational, medical and day to day needs of the child. A guardianship can also be created for a child when a parent fails to take proper care of a child. The guardian is appointed to ensure the child's needs are taken care of. The guardian can be a grandparent but it can also be an unrelated party.
Can a guardianship be terminated? Yes it can. It can end on its own when a child reaches the age of majority or if the child dies. A guardianship can be terminated by a court if a judge determines it is no longer necessary or the purpose for which it was created (such as to manage a financial account).
For an adult, a guardianship is often created when a person is incapacited because of something like an accident or an illness which renders the individual incapable of taking care of their affairs. A guardianship can also be created for a mentally handicapped person who is unable to tend to their own affairs. These types of guardianships can also be terminated. If the incapacity ceases to exists, a judge can determine that the guardianship is no longer necessary.
Being appointed a guardian carries with it very important duties. For example, the guardian of the child must provide for the child in a fashion that a parent would provide for a child. They have an obligation to feed and clothe the child and tend to his or her education. Likewise, for an adult, a guardian has a duty to care for the person's fianancial, medical and day to day affairs in a responsible manner and to exercise the care approriate for the situation.
If you have a family law issue and need to speak to a Boise Family Law Attorney, please call us at (208) 472-2383 and see what we can do for you.