Guardianship is the legal process of appointing the responsibility of a vulnerable or incapacitated person (often referred to as a ward) to a 'competent adult'.
A guardian is usually appointed when someone is unable to make or communicate responsible decisions concerning the activities of their daily lives, such as:
A legal guardian has the same responsibility towards his or her ward, as a parent towards a minor child. However, a legal guardian must ensure that the ward's choices and desires are considered while meeting their most basic needs.
A guardian can act on behalf of their ward, making decisions that can affect their daily living arrangements, education, medical care, and social activities.
A guardian may be the spouse, parent, adult child, or relative of the ward, who has provided a residence for that ward for a period of over six months.
A private, professional guardian may also be appointed by the court if the ward has no family members who are able to serve as a guardian.
In cases where there is no person or organisation willing to take on the responsibility of a guardian, a public guardian will be appointed by the court in a guardianship proceeding that involves the following:
When a child turns 18, he or she becomes an emancipated adult, and you will no longer be able to make educational, medical or legal decisions on their behalf. You will have to go through the legal process in order to be appointed as the guardian of your child.
At Van Deventer and Van Deventer Incorporated, we specialise in guardianship services and the preparation of legal documents.
Let us help you protect your Ioved ones with simplified and cost efficient guardianship services. Contact us today.
Subscribe to our Newsletter
Estate Agent Training
Bond & Transfer Calculator
In a recent ruling, the Constitutional Court decided that section 1(1) of the Intestate Succession Act is unconstitutional in that it does not include life partners in relationships intended to be permanent in the definition of “spouse”.
Read More ...Posted by Cor van Deventer on Monday, July 18, 2022 Views: 763