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Louisiana Guardianship Law

A brief guide to Louisiana guardianship

When a person is mentally or physically incapable of caring for themselves, the court system may intervene to ensure that they are properly cared for. Many different people can be appointed to Louisiana guardianships. The process of being appointed to this kind of position is complicated and lengthy. Obtaining a Louisiana guardianship is not a process to be undertaken by anyone who is not prepared to execute all of the responsibilities which are involved.

It is important distinguish this position from a custodial position. While Louisiana guardianships appoint someone to look after a person's mental and physical health, a custodian is responsible for maintaining their financial resources. A person may apply for both positions if they feel they are capable of executing both. If you are only appointed to a Louisiana guardianship, you will need to be able to cooperate with any custodian who is responsible for the same person's financial health.

Many different people can be appointed to this position. People who have been named in living wills in the event of an accident or medical complication are given preference when Louisiana guardianships are being considered by the court. However, a spouse, adult child or relative with whom the person has lived with for at least six months prior to the incident in question can also be considered. A Louisiana guardianship can also be considered when a minor child does not have a parent or guardian to look after them. In cases where parents are relinquishing the right to custody of their child, their preferences will be given strong consideration.

To be considered for Louisiana guardianships, you must undertake a court process. Filing a petition will be the first step that must be taken. The person who must have Louisiana guardianship appointed on their behalf will be examined by a physician or other medical professional. A report will be issued detailing the kind of care which they require. Judges will evaluate this document and use it as the basis of any decision when considering petitions for Louisiana guardianships.

In court, the incapacitated person will be represented by an "attorney ad litem." This lawyer will be responsible for making sure any Louisiana guardianship which is awarded is in the best interests of their client. If you are attempting to be appointed to this position, you may wish to consult a lawyer. The process of having Louisiana guardianships can be complicated and can benefit from legal aid.

If you are appointed to this position, you have the right to receive an inventory from the custodian detailing the disabled person or child's financial resources. Anyone appointed to a Louisiana guardianship must submit regular reports detailing the condition and any developments in the condition of the person they are caring for. People who are appointed to look after minor children must be on good terms with them in order to ensure that they provide the best possible care.

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