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Guardianships: What is involved regarding this key family law topic?

A sobering responsibility.

A serious undertaking.

Or, as denoted in an online overview of the subject matter, "an important decision not to be taken lightly."

Those and similar depictions are liberally interspersed in any well-considered report or essay discussing family law guardianships, and for manifestly evident reasons.

For starters, a guardianship comes into play only when it is reasonably apparent that the individual who is centrally spotlighted in the process -- often referred to as the "ward" -- has specific needs that can be fulfilled only through the intervention of a trusted third party.

That often implies an older person who, for various reasons, no longer functions at a peak physical and/or mental level. Alternatively, a ward might be a younger individual incapacitated by one or more disabilities or, often, a child.

As noted in the above-cited primer on the topic, a guardian can be appointed through a legal instrument (most readers might reasonably think of a will) or through a court process featuring the close scrutiny and input of a judge.

Understandably, many aspects surrounding a guardian's appointment and the prerogatives/duties applicable to guardianship in a given case can be complex. After all, the core of guardianship focuses upon one party's relinquishment at some level of decision-making autonomy in favor of another individual.

To be sure, that is an important consideration, given especially that guardians often weigh in on matters of real magnitude, such as medical care, finances, education and the procurement of necessities.

An unwavering spotlight concerning any guardianship is on the best interests of the ward, and it merits noting that the duties and powers of a guardian are addressed in Massachusetts and all other states by statutory law that focuses closely upon the subject.

Any questions or concerns regarding guardianship can be directed to a proven family law attorney with a demonstrated record of client advocacy in this distinct and complex legal realm.

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Andover, MA 01810

Phone: 978-409-1928
Phone: 978-482-7139
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