What is a voluntary guardianship?

A voluntary guardianship is a legal relationship between an appointed guardian and a minor or incapacitated adult. In the state of North Dakota, a voluntary guardianship is established when the person who needs a guardian is willing to enter into an agreement with a legal guardian. The purpose of a voluntary guardianship is to provide care and support to someone who is unable to do so for themselves. In the case of a minor, the legal guardian is responsible for making daily decisions regarding the minor’s health, safety, education, and welfare. The guardian may make decisions about where the minor lives, who they interact with, and whether or not the minor may legally work. The guardian is also responsible for making sure the minor has access to medical care and other necessary services such as social activities, counseling, educational programs, and more. In the case of an incapacitated adult, the voluntary guardian is responsible for making decisions regarding the adult’s health, safety, welfare, finances, and other matters deemed appropriate by the court. The guardian may also be responsible for handling the adult’s financial accounts and managing any real estate or other property owned by the adult. In order to be appointed as a voluntary guardian, the appointed individual must have the appropriate qualifications and background. The guardian must also have the financial resources to provide for the adult or minor under his or her care. Additionally, the court must approve the proposed guardianship before it is established.

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