Guardianship

We assist clients with guardianship issues.

GUARDIANSHIP

A guardianship is a court process whereby a person, appointed as a guardian, is given the legal authority and duty to care for another person or his/her property because he/she is a minor, incapacitated, or disabled. 

TYPES OF GUARDIANSHIP

There are two types of guardianships: (1) a guardianship over the person, and (2) a guardianship over the estate (property).  A guardianship can also be granted for both the person and the estate.

WHEN IS A GUARDIANSHIP NECESSARY

A guardianship may be necessary when a child's parents are not willing or able to care for a child.

A guardianship allows the guardian to enroll the child in school or handle school matters, provide health insurance or handle medical issues, and receive assets or benefits on the child's behalf.

WHO MAY BE CONSIDERED AS A GUARDIAN

Relatives, friends of the family, or other interested persons may petition or ask the court to be appointed a guardian.

RESPONSIBILITIES OF A GUARDIAN

A court may appoint an adult as a guardian of a child and give the guardian custody of the child for the physical care and protection of the child and or the child's assets or both.

There are a host of responsibilities attached with being a guardian!

A guardian over the person is responsible for: the care, custody, and control of a child, which includes providing the child with food, clothing, shelter, education, and all his/her medical and dental needs.  A guardian must also provide for the safety, protection, and physical and emotional growth of the child.

A guardian of the person has full legal and physical custody of the child and is responsible for all decisions relating to the child.  The child's parents will no longer be able to make decisions for the child because under a guardianship, the parents' rights are suspended.  However, the child's parents are still obligated to support the child financially and a guardian may seek child support.

There are additional duties associated with being a guardian of the child's estate.  This estate encompasses the child's money and other assets.  The guardian of the estate must: prudently manage the child's funds, collect and make an inventory of the assets, keep accurate financial records, and regularly file financial accountings with the court.

THE PROCESS OF OBTAINING A GUARDIANSHIP

Appointment as guardian requires filing a petition with the clerk of court and court approval.  The person petitioning the court must also pay the clerk a filing fee and may be charged a fee for a guardianship investigation.

Before the court can hear the case, notice of the petition's filing must be given to specific persons, such as parents, siblings, grandparents, aunts and uncles.

The court may order that an investigation be completed before it makes a decision.  In such an investigation, you, the child, and any other essential persons will likely be contacted about the case and interviewed.  The court investigator will submit a report to the court with his/her recommendation as to what should occur. 

At the hearing, the court may grant the petition or may find that there are insufficient grounds to establish a guardianship.

TERMINATION OF GUARDIANSHIP

A guardianship generally lasts until the child turns 18 years old, is adopted, marries, or dies.  A guardianship may also be terminated by the court if it is shown that the guardianship is no longer necessary or that termination is in the child's best interests.  

A guardian or a parent or the child may ask the court to terminate the guardianship, but there must be an appropriate adult to take over the care and custody of the child.