What is Guardianship?
A guardianship of the person offers legal and physical custody of a kid to someone other than a parent. Guardianships are an option when circumstances no longer allow the parents to care for their child. These conditions can include physical disease, addiction, military deployment, etc.
While legal guardians are often commonly close relatives of the child, such as grandparents, siblings, and aunts/uncles, they do not have to be related. Legal guardians are allowed many of the same rights and responsibilities as a parent, although you will be overseen to some extent by the CourtCourt.
To become a guardian, you must file papers with the CourtCourt and go through several processes leading to the court hearing. It is recommended that an attorney guide you through the arduous documentation and filing ad service requirements. The CourtCourt does not require an attorney, but mistakes in completing the court documents and delivering “formal notice” to all relatives are common without an attorney. The forms and requirements for notice are complicated. If not followed attentively, it can result in having to go back to CourtCourt and taking longer to process your case. An attorney can help you submit your claim to the CourtCourt, especially if one or both parents object to guardianship.
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Types of Guardianship
Guardianship Of The Person
A guardian of the person has legal custody and responsibility for the minor, and a guardian of the minor’s estate has legal responsibility to manage the minor’s assets. A guardianship is not an adoption and is not as permanent a relationship. However, by obtaining a guardianship, you will have the responsibility of caring for all of the minor’s needs including: food, shelter, health care, education, and emotional and physical well-being until age 18.
Guardianship Of The Estate
A guardianship of the estate occurs when a minor has acquired substantial assets (typically an inheritance), and an individual needs to be appointed to protect those assets. This guardian is typically a surviving parent. A guardianship of the estate manages a child’s income, money, and/or property (real or personal) until the child turns 18. The guardian of an estate is held to a very high standard of care known as the “fiduciary duty.”
Empowering People With Choices & Options
When life changes, Law Office of Kristine M Borgia is here to help. Easily accessible and readily available to help the minute you need it; we can be trusted to guide you through the legal process ahead. When it comes to establishing or enforcing a guardianship, you have options and we are here to ensure you have the information you need to make the best decision for your situation.
As a collaborative law practice, we do not rely on just one attorney to handle a case. Instead, we involve many partners in the process in order to yield the best results for our clients. We encourage you to contact us today to learn more about our practice and how we may be of assistance in your case.