Guardianship Services

Guardianship & Caretakers

2010-05-31T05:11:00.000-07:00

Caretakers can be granted legal guardianship of a child in external care without rendering the parents' rights obsolete, as is required for an adoption. Legal guardianship is more durable than a simpler transfer of custody to caretakers & therefore for many is a much better option.

Find out more about UK Guardianship from the experts, My Guardains.

My Guardians also deal with school placement and English Language courses.

Debingh School Best in UK

2010-05-07T03:55:00.000-07:00

A school in Debingh has been named one of the best in the UK, a local news report has said.

Howell’s school was rated as the best UK sixth form out of 615 other schools in the country, according to ratings based on independent feedback to the Independent Schools Review, the Debinghshire Visitor has reported.

The public school, which 13 years ago was facing the prospect of closure, took the second place out of 580 for the UK’s best boarding school and a second best of all UK boarding schools.

"This is an absolutely fantastic achievement for Howell's - and particularly pleasing as rankings are based on independent review," a spokesperson for the school was quoted as saying by the publication.

In other news, education watchdog Ofsted has rated Three Bridges, a special school for autistic children in Cornwall, as "outstanding," underlining the high quality of the school's curriculum and teaching.

My Guardians are UK leaders in boarding school placement and child guardianship.

New Blog Post on My Guardians

2010-04-25T12:16:00.000-07:00

We are excited to announce a brand new blog post on our onsite blog!

UK Guardianship information, prices & more.

Fathers Child Custody & Guardianship

2010-04-19T15:11:00.000-07:00

Child Guardianship

Fathers battling court cases for child custody face a much tougher time winning the cases. Even when the court has become more balanced in their ruling but there is no denial there are some prejudice against men especially in custodial ruling.

The court tends to favor mothers for three main reasons. The first reason, the society perceives that a child received better care from mothers. Secondly, the court tends to view fathers as independent while both mothers and child are co-dependents. Finally, fatherhood in deemed to be participatory while motherhood has natural instinct and occurrence. Although these factors are arguable but the fact has been deeply ingrained into our culture.

Due to the above influencing factors, in order for a father to win a custody case, he must present extra documentation of evidence that he can also be a good guardianship. By doing so, he can show the court that he too can give the child the best option for growth and development if their custody is granted to him.

Fathers must know how to show the court that he is very involved in the child upbringing. One of the methods is by tracking the amount of quality time he has spent with the children. By presenting an accurate log of dates and time and activities with the child, he can prove his interest and involvement in the child's daily life.

The second factor is financial. Men generally earn more, thanks to the society's stereotyping of men being the breadwinner. Fathers should track monetary participation for bringing up the child, telling the court how much input he has contributed to the child living cost. By presenting these documentation, not only if will be compare with the ex spouse afford ability but this information will be in good use in alimony and child support hearings.

The last but not least evidence the fathers can collect is the mother's negative behaviors, which deem to have bad impact on the child upbringing. These include substance abuse, adulterous behaviors, physical or emotional abuse and such. The court will not tolerate accusations therefore solid proof must be presented. In many cases, a child investigator is secured for indisputable evidence.

Fathers have to work harder to gain their child custody. However, do not fight for the child solely because you want to retain something from you ex spouse. The decision to contest is best made after a long time thinking of who will be the guardian for the child.

Child Custody - Grandparents

2010-04-12T03:06:00.000-07:00

UK Guardianship Services

There may be times when a grandparent may wonder if they are legally able to take guardianship of a grandchild. In most cases, child guardianship is a right reserved for the parents of the child. However, in special circumstances, grandparents may be awarded legal guardianship.

In order to award legal custody of a child to grandparents, a court must face one decison: Is the guardianship being awarded to the grandparents in the best interest of the child? This may be the case if the parents of the child are seriously injured or killed in an accident and are therefore not able to take care of their child. In other circumstances, the court may choose to terminate the parents' rights to care for a child, such as:

Abused, neglected, or attempted to seriously injure the child.
Inability to provide a safe environment for the child.
Child Abandonment.
No ongoing relationship or contact with the child.
The parents willingly revoke their parental rights.

If one parent's rights are terminated, the other parent will be named the child's sole legal guardian. In these cases, a grandparent may apply for co-guardianship in order to share in the legal responsibility of the child.

If the rights of both parents are terminated or if the parents are otherwise no longer able to care for the child, a close blood relative will be given custody of the child. In these cases, the court will investigate a list of potential guardians to determine which party is most able to care for the child. Criteria used to judge potential guardians include:

Financial status. The potential guardian should have the financial means necessary to support a child.
Health. The potential guardian should be physically able to care for the child.
Mental condition. If the potential guardian has a mental condition or a history of mental conditions, the court may deem him or her as unsuitable to care for the child.

The chosen guardian will retain custody of the child until the child reaches age eighteen, or when the legal guardian revokes or resigns from guardianship.

Living Trust or Loving? Guardianship Article

2010-02-21T14:54:00.000-08:00

Guardianship Services

If you have a very close family, then perhaps you are not worried that once you die that your heirs will divide up the property and belongings fairly. Whereas, this may be true in your family's particular case, on average it does not turn out to be the case. As soon as someone dies in the family, the family dynamics instantly change and there is always infighting amongst the kids or the heirs for all the belongings, and there are always those who will take advantage of their siblings or other heirs when this occurs.

It's good to have "Loving Trust" while you are alive and to believe in your family, but I would invite you to get a living trust just the same. You can still trust your family will do the right thing after you are gone, but a living trust will make sure that it occurs, just in case.

You do not have to feel as if the kids will fight once you are dead, as the reason to form a living trust. The reality is you can have Loving Trust while you're alive, and a living trust as well, one that will serve you and your wishes even after you are gone.

Indeed, you should talk to a financial planner about child guardianship, and also a trust attorney which specializes in these things. It's best to do this while you still have full mental faculties. I cannot tell you how many stories I've heard from families that are at each other's throats, and even sue each other in court after the parents are gone.

You must remember, it's not just the siblings, but it is also their spouses that must be dealt with the guardianship costs. A living trust can put everything into the right perspective, and with the right legal format to protect the interests of everyone. Indeed, I hope you will please consider this.

Kids Guardianship

2010-02-10T06:19:00.001-08:00

Kids Guardianship

Choosing the right guardianship organisation for Kids is an important & vital part of the decision to send your kids abroad to study.

Firstly, the family you place your kids with must be suitable & compatible with your child. There's little to be gained by placing your lively teenage boy who loves to run & play in a household full of girls who's only wishes are to sit and play with dolls all day, your kid simply won't be stimulated & will grow bored quickly.

Of course, if your kids guardianship package will involve them being placed in a boarding school then this is less of a worry.

The next step is to ensure you place your child in the correct educational environment. We have an extensive roster of schools providing a range of experiences for your children.

We use questionaires and responses from both your child & their school reports to accurately match the child with their perfect school.

My Guardians are UK leaders in Kids Guardianship and specialise in Free Boarding School Placement

Guardianship Services - A Guide

2010-02-09T09:25:00.000-08:00

UK Guardianship Services

In order to comply with British guardianship rules, any student under the age of 18 who is coming to the UK to study must have a UK based Guardian who can be available at all times to act for parents and respond to the needs of both the child / student and the school.

My Guardians specialise in UK Guardianship Services & can offer advice & guidance on the necessary procedures, costs & potential pitfalls to avoid when applying for UK Guardianship.

Choosing the correct school is very important as this will form the basis of your child's learning & enjoyment whilst in Britain. The majority of schools and colleges in the United Kingdom are funded by the British government and are called state schools. In the private sector there are around 2,500 independently funded institutions.

Your chosen guardianship service should understand that each child is different & that each require different environments & situations to unlock their potential.

In order to advise on the most appropriate British private boarding school, you will be asked to provide some information about your child, such as their level of English, academic abilities, interests and hobbies, as well as a copy of your child's last school report and character reference.

We provide international students with a range of UK boarding school placement & school selection services and works with many outstanding boarding schools and colleges in Great Britain.

My Guardians works primarily with schools in the South East of England because with proximity to the children in our care comes easy accessibility to solve any problems or issues they may encounter.

Here are some important points to consider when choosing a Guardianship Service to place your child:

Welfare of international students – Do They:

Represent students welfare needs through communication with school?

Arrange all travel to and from school at the beginning and end of term, exeat weekends and half term, booking and confirmation of flight tickets?

Help children / students to settle into the school, obtain school uniform, everyday clothing and sports equipment?

Handle passport and visa formalities and police registration if required?

Arrange accommodation with host family for students to stay during holidays and other times?

Provide a 24 hour telephone contact number in case of emergency?

About international students' education – Do they:

Supervise students progress, attend parent/teacher meetings or important school functions, reporting back to you?

Give information on subject selection, public examinations and qualifications, advice on further education and careers?

Visit students at school as and when necessary?

About students' finance – Do they?

Supervise educational expenses, such as registration fees and deposits, payment of school fees, private health insurance etc. ?

Supervise your child's non educational expenses or extras, such as school uniform, travel to and from school, pocket money etc. ?

Payment of guardian host family's allowances and expenses?

About students and host family - Do they:

Select a host family for students?

Place students with a host family to stay during school exeats and half term holidays?

My Guardians are UK leaders in UK Guardianship Services and specialise in Child Guardianship & Free Boarding School Placement

Adult Guardianship : How it Works

2010-02-03T04:44:00.000-08:00

If the person in your care is in good health, you may not be thinking about her possible need for adult guardianship. But if you're considering this step, you're not alone.

The unfortunate truth is that many older adults have long periods toward the end of life when they're not able to make decisions for themselves -- due to Alzheimer's or other forms of dementia, a stroke, an accident, or some other serious medical condition. If the person has an advance health care directive, the decision-making about her medical care, if she becomes incapacitated, may already be provided for. If she has a durable power of attorney for finances, there will be someone to take care of money matters. But what if she has only one of these documents? Or neither? Or there are important decisions not covered in those documents? That's where adult guardianship, might come in. It's not simple to arrange, usually requires a lawyer, and needs a judge's approval. But it might help solve the huge problem of who makes major decisions that involve her when she can't do so herself and there aren't enough other written directions.

What is adult guardianship?

Adult guardianship: If someone can't make important decisions for him / herself, a judge appoints someone -- called the "guardian" -- to make those decisions for him / her. Decisions made by the guardian have the legal backing of the court. The guardian might be appointed to decide about her finances, medical and personal care, or both.

Someone appointed to make decisions about her medical care and other aspects of her personal life -- for example, where she should live -- is called a "conservator (or guardian) of the person." Someone appointed to decide about finances is usually called a "conservator (or guardian) of the estate." If she needs both, a court may appoint the same person to do both jobs.

Advantages

Lets family members know that someone is making decisions
Gives clear legal authority to deal with third parties
Provides a process to have a judge approve major decisions

Disadvantages

Costly to set up, requiring a lawyer, legal papers, and a court hearing
Time-consuming, including extensive ongoing paperwork
Can be humiliating for an older adult who is still somewhat capable
Can be emotionally difficult if family members disagree about who should be conservator

Two things must combine to make a conservatorship appropriate. One, the person must be physically or mentally incapable of making important decisions for herself. The other circumstance is that she doesn't already have legal documents (such as a living will and a power of attorney for finances) that cover decisions about her personal and financial matters.

If she hasn't prepared a power of attorney for finances, she might need a conservator of the estate.

If she doesn't have a medical directive or living will, she might need a conservator of the person to make healthcare decisions. Even if she has a medical directive, she might still need a conservator of the person to decide health matters that aren't covered in the medical directive (if the medical directive doesn't already name an agent to make those decisions).

Even if she has a power of attorney for both health care and finances, she might need a conservator of the person to make decisions about her personal life -- where she's to live, for example, or who's allowed to spend time with her.

A conservatorship requires the filing of formal legal papers, followed by a court hearing in front of a judge. Legal papers have to clearly spell out her physical or mental condition and her inability to make decisions. Family members might have to be notified and given a chance to file their own legal papers, either supporting or contesting the proposed conservatorship or the proposed conservator. And the person in question, too, must be given a chance to contest the conservatorship if she can and wants to. For all of this, you'll need the help of a lawyer with conservatorship experience.

To find the right lawyer, contact the bar association for the county where you or the person in your care live, and ask for its lawyer referral service. When you contact the referral service, ask for the names of local lawyers who specialize in conservatorships or elder law. You can also contact the National Academy of Elder Law Attorneys for a referral to its members in your area.

It's not always easy to determine whether someone is capable of making decisions. In some cases, it's obvious that a conservator is necessary -- for example, for a person who's unconscious or semiconscious, or who has advanced Alzheimer's or other forms of dementia. But many other people have physical or mental limitations that diminish but don't totally erase their decision-making capacity. In that case, a judge has to weigh opinions and options.

If she can communicate, a judge may want to speak directly to her, or have a special court officer do so, in addition to reading reports from doctors and family members. The judge or court investigator will ask whether she understands the court proceedings, whether she wants a conservator, and whether she feels she can make her own decisions. If, after a preliminary investigation, it's still not clear whether she needs a conservator, or who that conservator should be, the judge may appoint a separate lawyer to represent her in the court proceedings.

The judge might appoint a conservator but limit the conservator's authority to certain decisions only, with other decisions requiring a further court hearing.

For a conservator of the person, someone -- usually an adult child or sibling -- who lives close to the person in question is usually best. For a conservator of the estate, it should be someone who is familiar with handling finances, particularly if those finances are substantial or complicated. In either case, it has to be someone who can give the time necessary to manage her affairs. If no family member lives near her, or if no family member has enough financial savvy, a judge might appoint a professional conservator -- either a public officer or a private, paid conservator.

My Guardians are UK leaders in UK Guardianship Services and specialise in Child Guardianship & Boarding School Placement

See also:

Wikipedia's page on being a Legal Guardian
OPG - Office of Public Guardian
MyGuardians Twitter Page - My Guardians Twitter

Seniors Guardianships Services

2010-02-02T07:22:00.000-08:00

Under New York State law a court may appoint a guardian for a person whenever it finds by “clear and convincing evidence” that an alleged incapacitated person, the “AIP,” cannot adequately understand and appreciate the nature and consequences of his/her particular inabilities; and is likely to suffer harm because of these limitations and the inability to appreciate the consequences of the limitations.

The statute provides that the guardian's authority should be tailored to satisfy specific personal and/or property management needs of the AIP, making available the least restrictive form of intervention. In contrast to the old guardianship law, the new law permits the AIP as much latitude as possible under the circumstances for the exercise of independence and self-determination.

The guardianship proceeding may be initiated by the AIP, or a person with whom that person resides, relatives, a trustee of a trust established by and/or for the benefit of the person, and, in fact, any individual who is concerned about the welfare of the person alleged to be incapacitated.

The hearing must be conducted in the presence of the person alleged to be incapacitated, either at the courthouse or where the person resides, so as to permit the court to obtain its own impression of the person's capacity. Only in rare and exceptional circumstances may this requirement be bypassed.

NOTE: Medicaid planning, that is the management of assets and income for individuals in need of home care or nursing-home care, is often available for an incapacitated person. There is no hard and fast requirement that a guardian “spend-down” the incapacitated person's assets to meet Medicaid eligibility requirements. The court may authorize transfers for sheltering assets upon “clear and convincing evidence? that (1) that the person does not have the capacity to make such transfers; (2) that a competent, reasonable person in that individual’s place would be likely to make the transfers; (3) that the transfers are not inconsistent with that individual’s intentions.

What is a Guardian?

A guardian is a person appointed by the court who receives authority from the court to make certain personal care decision and/or property and financial management decisions for the AIP for the period of time found by the court to be necessary to meet the person’s needs. The powers of the guardian are specifically limited to those necessary to meet the needs of the AIP. A guardian must be eighteen years of age or a parent under eighteen years of age. Certain public agencies and not-for-profit corporations may also qualify as guardians.

How the Process Begins

The guardianship proceeding may be commenced by the AIP or a person with whom that person resides, relatives, a trustee of a trust established by and/or for the benefit of the person, and, in fact, any individual who is concerned about the welfare of the person alleged to be incapacitated. Public agencies such as the department of social services, hospitals, schools and alcoholism facilities and other such entities may also initiate the proceeding.

In New York City, the Supreme Court is empowered to hear guardianship proceedings; outside the City, the county courts. The statute provides that a guardianship proceeding is entitled to preference over all other cases in the court and there are specific rules for a prompt resolution of the matter; ideally, a decision must be rendered within forty-five days of the signing of the initial papers. However, the court has discretion to extend this period.

Significantly, the statute requires that the hearing must be conducted in the presence of the person alleged to be incapacitated, either at the courthouse or where the person resides, so as to permit the court to obtain its own impression of the person’s capacity. Only in rare and exceptional circumstances may this requirement be dispensed with. The AIP’s right to counsel is carefully delineated in the law and the official Comments that accompany the section of the law underscore this right.

Agreement and Incapacity

The legislation gave considerable consideration to the issues of “agreement” and “incapacity,” as well as “least restrictive form of intervention.” The provision for an appointment of a guardian, where the person agrees to it, permits the court to fashion relief for individuals who are unable to meet personal or property management needs because of a physical disability and welcome the appointment of someone to act on his/her behalf. In all other situations, that is, when the appointment is not voluntary, the court must find that the person is incapacitated.

There are two components to a determination of incapacity: (1) the person cannot adequately understand and appreciate the nature and consequences of his/her particular inabilities; and (2) the person is likely to suffer harm because of these limitations and his/her inability to appreciate the consequences of the limitation. The court is required to give primary consideration to the functional level and limitations of the person. Such assessment is required to go beyond the usual medical workup and specifically test the physical function, cognition and social support system of the alleged incompetent.

My Guardians are UK leaders in UK Guardianship Services and specialise in Child Guardianship & Boarding School Placement

See also:

Wikipedia's page on being a Legal Guardian
OPG - Office of Public Guardian
MyGuardians Twitter Page - My Guardians Twitter