Who Needs Legal Guardianship

A court will only establish guardianship if it is in the best interests of the child. These include factors such as the stability of the child`s upbringing, the child`s stated preference, the ability of the proposed guardian to adequately care for the child, the relationship between the parents and the proposed guardian, and any information about the moral character of the proposed guardian. Parents who see barriers to appointing a specific person as guardian may consider writing a letter of explanation to the court to support their choice. Below, I`ll explain the top three situations where you might need guardianship. There are many cases where, for example, an adult with a learning disability can manage much of their own affairs, but still needs help. This often happens when a child with reduced capacity turns 18 and the parents` authority to manage their affairs ends. In this case, limited guardianship may be appropriate. In guardianship of the person, the guardian has the same responsibility to care for the child as a parent. This means that the guardian has full legal and physical custody of the child and can make any decision regarding the physical care of the child that a parent would make. A guardian can be anyone: parents, family friends or other people capable of raising the child can apply to be legal guardians. There are three main reasons why you need to set up guardianship for someone else. In addition to the parents, other members of the child`s family have the right to be informed and to object to your guardianship.

While you don`t need the consent of all of these parents, their objections could interfere with your quest for guardianship of the child (and cause tension even if guardianship is granted). If this happens, you should consult a lawyer immediately. Forms and cancellation rules are complicated. If you do not follow them carefully, you will have to go to court again and it will take you longer to process your case. Sometimes a lawyer can help you present your case to court, especially if one or both parents object to guardianship. Guardianship of a child may be required if no parent is available to care for a child. A guardian for the child`s estate may be required if the child has inherited assets (such as life insurance or cash accounts). This protects assets until the child reaches the age of majority. Usually, parents have the right to make decisions for their children, and adults have the right to make decisions for themselves. Sometimes this is not possible and someone else has to step in to care for a child or adult. Keep in mind that you will also need to fill out all general guardianship forms. Guardianship is necessary when a person or minor is considered “legally incompetent”.

A person is unable to work if: 1) he or she is a minor; (2) an adult who, by reason of a physical or mental condition, is severely unable to: (a) feed, clothe or shelter himself/herself; (b) take care of his or her own physical health; or (c) manage its own financial affairs; or (3) must have appointed a guardian in order for the person to receive funds owed to them from a government source. For prospective guardians who are eligible to provide the child with a permanent home adequate in all respects, except the ability to assume full financial responsibility for the child`s care, States may provide a range of services and financial assistance. These supports include kinship navigation services, government-funded grants through Title IV-E, and government-funded grants. Information on government guardianship assistance payments that may be available to relatives is available in the government fact sheets on the Guardianship.org website. In emergency situations like these, you can ask the court to appoint a temporary guardian. You must prove a “good reason”, which means that you must have a very good reason to apply for temporary guardianship. (See Article 2250(b) of the Succession Code) In addition, guardianship can also be a permanent option for a child who has been placed outside the home, as it creates a legal relationship between a child and a caregiver that is supposed to be permanent and autonomous and can provide the child with a permanent family without the need to terminate the parents` parental rights. The child is able to maintain family ties while gaining the stability of a permanent home with a related caregiver who is committed to caring for the child.