FAQs
Carla Fuller Family Law Inc
What is guardianship?
Guardianship is a legal arrangement in which a court appoints an individual, known as the guardian, to make decisions on behalf of another person, referred to as the ward. This arrangement is necessary when the ward is unable to make decisions for themselves due to factors such as age, disability, or incapacity. The scope of guardianship may encompass personal decisions, financial matters, or both.Who typically needs a guardian?
Guardians are commonly appointed for several groups of individuals. These include minors whose parents have passed away or are unable to provide care, adults with disabilities that impact their decision-making abilities, and elderly individuals suffering from conditions like dementia or severe medical issues. Courts typically require substantial evidence demonstrating that the person is incapable of safely managing their own affairs before appointing a guardian.What responsibilities does a guardian have?
The duties of a guardian vary depending on the type of guardianship established. Common responsibilities often include making medical and personal care decisions, overseeing finances, benefits, or property, acting in the ward's best interest, and submitting regular reports to the court. It's important to note that guardians are legally obligated to fulfill their duties responsibly and may be subject to court oversight.Is guardianship permanent?
Guardianship is not always a permanent arrangement. It can be temporary, established for emergencies or short-term needs, or limited to specific types of decisions. Additionally, the court has the authority to terminate or modify a guardianship if the ward regains capacity or if circumstances change significantly. The flexibility of guardianship allows for adjustments when appropriate.What is adoption?
Adoption is a legal procedure that permanently transfers parental rights and responsibilities from a child's biological parents to adoptive parents. Once the court finalizes the adoption, the adoptive parents assume complete legal, financial, and emotional responsibility for the child. As a result of this process, the adopted child gains the same rights as a biological child within the adoptive family.Who can adopt a child?
While adoption laws vary by state, potential adoptive parents generally include single adults, married couples, relatives, or stepparents. The primary requirement is that the prospective parents can provide a safe, stable, and supportive home environment. Most adoption processes involve background checks, home studies, and court approval to ensure that the child's best interests are prioritized and protected.Is adoption permanent?
Adoption is designed to be a permanent and lifelong commitment. Upon finalization of the adoption, the biological parents' legal rights are terminated, and the adoptive parents gain full parental rights. It's important to understand that in the majority of cases, adoption cannot be reversed, except under extremely limited and rare circumstances as defined by law.What is divorce?
Divorce is the legal process of terminating a marriage through a court order. This procedure addresses various aspects of the marital dissolution, including the division of marital property and debts, determination of child custody and support (if applicable), and establishment of spousal support when relevant. The divorce process legally dissolves the marital relationship, allowing both parties the freedom to remarry if they choose.How long does a divorce take?
The duration of a divorce process can vary significantly based on several factors. These include whether the divorce is contested or uncontested, the complexity of property division, custody arrangements, or support issues, and the schedules of the court and state-specific requirements. While some divorces may be finalized within a few months, particularly contentious cases can extend for a year or more.Do both spouses have to agree to a divorce?
While mutual agreement between spouses can facilitate a smoother divorce process, it is not a requirement for proceeding with a divorce. If one spouse does not agree to the terms, the divorce can still move forward. In cases where the parties cannot reach an agreement on disputed issues, the court will ultimately make the final decisions to resolve these matters.


