Best Guardianship Lawyers in Machakos

About Guardianship Law in Machakos, Kenya

Guardianship in Machakos, Kenya is a legal relationship where a person (guardian) is appointed to make decisions on behalf of another person (ward) who is unable to make decisions for themselves. This may be due to age, incapacity, or disability.

Why You May Need a Lawyer

You may need a lawyer for guardianship matters in Machakos, Kenya if you are seeking to become a guardian, contest a guardianship appointment, or need advice on your rights and responsibilities as a guardian. A lawyer can help you navigate the legal process and ensure that your rights and interests are protected.

Local Laws Overview

In Machakos, Kenya, the law governing guardianship is the Children Act of 2001. This Act provides for the appointment and responsibilities of guardians for minors and vulnerable adults. The court has the jurisdiction to appoint guardians and supervise their actions to ensure the best interests of the ward are protected.

Frequently Asked Questions

1. What is the difference between guardianship and custody?

Guardianship involves making legal decisions for a person, while custody typically refers to physical care and control of a child. Guardianship is usually more permanent than custody.

2. How do I become a guardian in Machakos, Kenya?

To become a guardian in Machakos, Kenya, you must file an application with the court and show that you are a suitable and willing person to take on the responsibilities of a guardian.

3. Can a guardianship be revoked?

Yes, a guardianship can be revoked by the court if it is found that the guardian is no longer acting in the best interests of the ward or is unable to fulfill their duties.

4. What are the duties of a guardian in Machakos, Kenya?

The duties of a guardian include making decisions in the best interests of the ward, managing the ward's finances, providing for the ward's care and well-being, and maintaining regular contact with the ward.

5. Can I contest a guardianship appointment?

Yes, you can contest a guardianship appointment by filing a petition with the court and providing evidence to support your claim that the appointed guardian is not suitable or that the appointment is not in the best interests of the ward.

6. Are there different types of guardianship in Machakos, Kenya?

Yes, there are different types of guardianship, including guardianship of the person (making decisions about the ward's care and well-being) and guardianship of the estate (managing the ward's finances).

7. How long does a guardianship last?

A guardianship can last for varying lengths of time, depending on the circumstances. It may be temporary or permanent, and the court has the authority to review and modify guardianship arrangements as needed.

8. Can a guardian be held liable for their actions?

Yes, a guardian can be held liable for their actions if they fail to fulfill their duties or act contrary to the best interests of the ward. It is important for guardians to act responsibly and in accordance with the law.

9. Can a guardian be removed or replaced?

Yes, a guardian can be removed or replaced by the court if it is found that they are not fulfilling their duties or if there is evidence of misconduct or neglect. The court will appoint a new guardian if necessary.

10. How can a lawyer help with guardianship matters?

A lawyer can provide guidance on the legal process, assist with filing the necessary paperwork, represent you in court hearings, and ensure that your rights and interests are protected throughout the guardianship process.

Additional Resources

For more information on guardianship in Machakos, Kenya, you can contact the Machakos High Court, the Kenya Law Society, or local legal aid organizations. These resources can provide guidance and support for individuals in need of legal advice on guardianship matters.

Next Steps

If you require legal assistance with guardianship matters in Machakos, Kenya, it is advisable to consult with a qualified lawyer who specializes in family law and guardianship. They can provide personalized advice and representation to help you navigate the legal process and protect your rights as a guardian or ward.