What is a permanent guardianship?

Permanent guardianship is a legal process through which a guardian is assigned to take care of the legal and physical rights of a minor child or incapacitated adult in the state of Louisiana. In this arrangement, the guardian is given significant decision making authority over the wellbeing of the individual. For a permanent guardianship to occur in Louisiana, the court must find that the potential ward is disabled or an incapacitated adult. This means the individual is either unable to make decisions, or unable to demonstrate the necessary judgment to make decisions. Additionally, the guardianship must be in the best interest of the individual, and the court must determine that the guardianship is the only arrangement available to protect the individual. The court must then give the guardian detailed instructions on how to properly care for the ward. Additionally, the court must monitor the guardianship on an annual basis. If it is found that the guardianship is not in the best interest of the ward, or if the guardian is not adhering to the court’s instructions, then the guardianship may be removed. Permanent guardianship is a significant commitment, but for individuals who cannot make decisions for themselves, it also provides much needed protection and quality of life.

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