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Questions regarding Plenary Guardianship by Meghan Jones





Article Author Biography
Questions regarding Plenary Guardianship by
Article Posted: 04/23/2013
Article Views: 62
Articles Written: 575
Word Count: 647
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Questions regarding Plenary Guardianship


 
Law
What does one mean by plenary guardianship?
When a guardian gets the legal rights and duties for somebody else after the court finds out that they are incapable of caring for themselves, it is called plenary guardianship. A plenary guardian may be appointed if someone is not able to care for a child, an elderly person or even themselves. However, the parent of the child may have all rights towards the child and may be allowed to take decisions till the child is 18. Given below are some important questions about plenary guardianship that have been answered.

How does the state of Pennsylvania describe plenary guardianship?
The court may appoint a plenary guardian. These guardians may have all the rights towards an individual. People who cannot care for themselves may get a plenary guardian. In some cases, the court may give limited guardianship where the guardian may have rights only over certain aspects of the individual’s life. The guardian may be made responsible for the person’s medical care, personal care and financial care.

A child wants to live with his/her grandparents in a different state for a year. What kind of forms would the grandparents have to fill in such a scenario so that they have the right to enroll the child in school and look after his/her medical needs?
The grandparents can be either given temporary custody of the child or guardianship so that they have the right to enroll the child in school and look after the child’s medical needs. A guardianship will ensure a legal relationship between the child and the guardian but only for a limited period of time. Different types of guardian options may be available to the individuals and each of these may come with different rights and duties. The guardian may have the right to take decisions regarding the child’s education, health and other important aspects. Plenary guardianship comes closest to parenthood in terms of rights and duties. It will be responsible for the individual and his/her estate and will be able to take important decisions for the child.

Can the child be with a family member if the plenary guardian dies till a new guardian is appointed?
The family member may take care of the child unofficially till a new guardian is appointed if the plenary guardian dies. The family member may petition the court for an emergency guardianship so that the child can stay with the family.

Would a legal guardian have the right to move an individual’s IRA account into a different financial institute in the state of Illinois?
A legal guardian may have the right to move an individual’s IRA account to a different financial institute. However, the state of Illinois has several types of guardianship and one may have to determine what kind of guardian one is before taking any decision. If the person is a plenary guardian or guardian of the estate, then he/she may be able to do so.

Can someone be given the power of attorney of a person who is in a coma?
In order to give power of attorney to someone, an individual needs to sign the papers stating that he/she is giving the power of attorney to the individual. If the person is in a coma, this may not be possible. In such a situation, the person who wants the POA may request for guardianship. The petition for guardianship should include the individual’s name, date of birth and address of the individual in need of the guardian. A doctor’s report may be required confirming the individual’s physical and mental state.

There are many types of guardianships and one may get confused trying to distinguish between them. One may ask a family lawyer for help in order to clear any confusion regarding plenary guardianship.

Related Articles - plenary guardian, plenary guardianship, plenary guardianship definition, what is a plenary guardian, what is plenary guardianship,

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