How to Become a Legal Guardian in Louisiana

LGSI contracts with the Louisiana Department of Health`s Bureau of Adult and Aging Services (Adult Protective Services) to provide statewide money management services to adults who receive Social Security and/or SSI benefits and who have been approved by that office for our services. If the beneficiary agrees, or if the court has ordered it, LGSI informs the Social Security Administration, applies to become the beneficiary`s proxy beneficiary and receives the monthly benefits on behalf of the beneficiary. The funds will be placed in our joint client account in the name of the individual. LGSI will then pay the recipient`s monthly housing costs and incidental costs, and then ensure that funds are provided for out-of-pocket expenses and pocket money when needed. A local social work agency or case manager must work with these recipients to ensure that funds are spent appropriately and according to the needs and abilities of the individual. LGSI will try to save funds each month to cover future emergencies, medical needs and vacations, etc. For large expenses such as furniture, televisions, appliances, etc., LGSI requires purchases to be arranged in advance and invoices to be issued. LGSI will then ensure that the payment goes directly to the seller. In many situations, LGSI can provide department stores with gift cards that allow the recipient to purchase household items, provided that a responsible person accompanies the recipient to ensure that the purchases are appropriate and that receipts are presented to the agency to comply with audits by social security authorities. In addition, as a representative beneficiary, LGSI is responsible for reporting changes in the beneficiary`s living situation and any professional income and verifying assets. The agency also receives disability update forms from the Social Security Administration that require information about the beneficiary`s doctor`s appointments and hospitalizations.

Therefore, social workers and case managers should keep records of the recipient`s appointments and hospitalizations. For Ministry of Health employees who wish to make a referral, what if child protection is associated with the child? The standard by which a person needs a guardian differs from state to state. In some states, standards vary depending on whether full guardianship or preservation is sought solely through finance. In general, a person is considered to be in need of guardianship if he or she demonstrates that he or she is not capable of making responsible decisions. A person cannot be declared incompetent simply because he or she makes irresponsible or foolish decisions, but only if it turns out that he or she is incapable of making reasonable decisions. For example, a person cannot be declared incompetent simply because they spend money in a way that seems strange to someone else. Even a developmental disorder or mental illness is not enough to declare a person incapable. If you are granted guardianship, you will have the same rights and obligations under legal custody, including: If you have been the child`s certified foster parent for six months, the child may be eligible for guardianship assistance, which may include monthly financial assistance, medical care and other support. The grant must be approved by the court before guardianship is granted. The child must have been classified by the court as a dependent child. Then, the Ministry of Children and Family Services (DCFS), the child`s parent or the lawyer can file an application with the court for the appointment of a guardian. The child must have lived with the guardian for at least 6 months.

There will be a study of the home environment of you and your home, followed by a hearing to determine whether guardianship is in the best interests of the child. The courts often give guardians broad powers to manage community affairs. In addition to not having the power to decide how money is spent or managed, where to live and what medical care to receive, wards may also not have the right to choose, marry or divorce, or carry a driver`s license. Guardians are expected to act in the best interests of the community, but given the guardian`s often extensive powers, there is a risk of abuse. For this reason, the courts hold guardians accountable for their actions to ensure that they do not take advantage of wards or neglect them. Revocable trust. A revocable or “living” trust can be created to hold the assets of a senior, with a relative, friend or financial institution acting as trustee. Alternatively, the senior may be a co-trustee of the trust with another person who will assume the duties of the trustee in the event that the senior becomes unable to work. The guardian doesn`t have to be a person at all – it can be a non-profit agency or a public or private company.

If it is determined that a person is unable to work and no suitable guardian can be found, courts in many states may appoint a public guardian, a publicly funded body that serves that purpose. When appointing a person as guardian, courts primarily consider those who play an important role in the life of the community – people who are aware of and sensitive to the needs and preferences of the community. If two people wish to share guardianship, the courts may appoint co-guardians. At the hearing, the court will consider whether the proposed ward is unable to work and, if so, to what extent the person needs assistance. If the court finds that the proposed ward is indeed incapable, it decides whether the person applying for the role of guardian is a responsible guardian. The guardian of property inventories wards` property, invests wards` resources so that they can be used to support wards, and submits detailed reports to the court on a regular basis. A guardian of property must also obtain court approval for certain financial transactions. Legal guardians are required to report annually on how they have managed the municipality`s finances. In some states, custodians are also required to submit an annual report on the state of the station. Guardians must demonstrate that they have provided adequate accommodation arrangements for the ward, provided adequate health care and treatment services, and provided education and training programs where necessary.

Guardians who cannot prove that they took care of the station may be removed and replaced with another guardian. A guardian can be any competent adult – the ward`s spouse, another family member, friend, neighbour or professional guardian (an unrelated person who has received special training). A competent person may appoint a guardian proposed by permanent power of attorney if they ever need a guardian. Guardianship for seniors (60 and older) LGSI contracts with the Louisiana Governor`s Office of Superior Affairs to provide guardians (or “trustees” as they are called in Louisiana law) to the elderly. LGSI may also accept fee dates if the time of staff to act as guardian (curator) allows it. The Executive Director or Staff Counsel of the Office shall approve all judgments before they are submitted in order to ensure that they meet the needs of the Authority and enable it to act in the best interests of the prohibition and to provide the courts with specific provisions that may sind.greg@laguardianship required. LGSI will issue an oath and a letter of curatorship upon acceptance of the guardianship. The LGSI does not accept appointments that were not discussed with the LGSI prior to the decision. See Louisiana Revised Statutes 9:1031 ff. Guardianship for the mentally handicapped (18 years and older) The Agency contracts with the Louisiana Department of Health`s Office of Citizens with Developmental Disabilities (OCDD) and its Office of Adult and Aging Services (OAAS) to provide guardians (curators) to people with mental disabilities who receive OCD services and who have been approved by these specific offices for our services. If these offices approve it, lawyers for the Department of Health will pursue the ban.

(2) `custody of the child` means a legal status established by court decision which confers on a guardian the right and duty to have custody of the child, as well as the right and duty to protect, train and discipline the child and to provide him with food, shelter, education and ordinary medical care, all of which are subject to the powers, rights, duties and responsibilities of the guardian of the person of the child and all others are subject to parental rights and responsibilities. There are different types of detention in Louisiana. These are the temporary transfer of custody by warrant, the voluntary transfer of custody by court order, the care by the court, from the court if the child is in state care and the transfer of court-ordered custody if the child is in the custody of the parent. The following sheets will give you more details on the types of legal custody. If I get custody of a court, do the parents still have rights to the child? How do I decide on the type of custody? There are several ways to get legal rights about the child in your care. The one you choose depends on the authority you are seeking, whether or not parents agree, and the level of documentation required from others.

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