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Puerto Rico Guardianship Law



Guide to Puerto Rico Guardianship

In situations where a person is unable to make basic decisions for themselves, Puerto Rican courts may appoint a legal guardian for that person.  Both children and disabled people may qualify for guardians under PR guardianship law.  This guide will give you a basic overview of Puerto Rico guardianship laws so that you can understand what types of guardians are available in Puerto Rico.  You may want to consult a PR guardianship lawyer for more information or to initiate legal proceedings to become a guardian.

Types of Puerto Rico Guardianship: Child Guardians

There are many reasons why an adult other than a child's parent may be named as their legal guardian.  According to PR guardianship laws, children need guardians when their parents are unavailable or unable to make reasonable decisions about their care.  For instance, a child whose custodial parent has a severe disability or is incarcerated may have a guardian appointed by the court, as well as orphaned children.

In general, a parent may nominate a guardian under Puerto Rico guardianship laws, and this person will usually become guardian unless this is not in the best interest of the child.  Parents may be required to pay child support to their child's legal guardian in some situations.  If you wish to seek this type of PR guardianship without a parental nomination, you may want to hire a guardianship attorney who can help you evaluate your chances of becoming a guardian.

Types of Puerto Rico Guardianship: Guardians of the Person

Not all people who require a PR guardianship arrangement are children.  Some disabled adults are unable to make personal care decisions and must have a guardian appointed for them by the court.  A guardian of the person has the same legal rights and responsibilities with a disabled person that a parent does with a child.  Because this type of Puerto Rico guardianship can sometimes be quite expensive, it is best to talk to a guardianship attorney about your likely obligations before you commit to being someone's guardian.

Types of Puerto Rico Guardianship: Guardians of the Estate

If a disabled person is able to make reasonable decisions about day to day personal care responsibilities but is unable to responsibly handle his or her financial matters, a guardian of the estate may be appointed.  This is a common type of PR guardianship arrangement when someone has lost the ability to handle their finances due to old age or dementia.  Guardians of the estate are given financial control over the disabled person's money and accounts according to Puerto Rico guardianship laws, but not over day to day care.

Types of Puerto Rico Guardianship: Limited Guardians

Courts may appoint a limited guardian according to PR guardianship laws that has only certain responsibilities.  This type of Puerto Rico guardianship arrangement is common when someone's disabilities create major difficulties for them in one area of life but not others.  These arrangements are highly individualistic and depend entirely on the extent and nature of the guardianship needed at the time by the disabled person.  You may wish to consult a guardianship attorney for any and all questions pertaining to what PR guardianship laws allow a limited guardian's responsibilities to be.

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