How Do Guardianships Work?
Guardianships are often set up due to the parent or parents of a child inability to care for the child or children properly. this could be due to a disability or illnesses and in some cases death.
A guardian is responsible for providing shelter, personal needs, education, and medical care for the child. In some cases, guardians are often in charge of the financial management of the child’s assets.
Unlike an
adoption, guardianship is a legal agreement between the child and the adult that is not their biological parent. The biological parents still retain all rights to the child and must still support the child. If the biological parent dies and did not have a will in place, the child will still receive inheritance rights to all properties. During an adoption, the parent or parents have no rights and the adoptive parents have all the legal rights to the child. If the biological parents die, the child has no legal rights to inheritance.
Guardianship ends in most cases when the child reaches the age of 18, dies, or a judge determines that guardianship is no longer necessary. In some cases, of financial guardianship, when the funds are depleted the guardianship ends.
Do I need a guardianship lawyer to set up a guardianship for a minor child?
No, you do not need a lawyer to set up a guardianship for a minor child; however, it would be in your best interest. There are many different forms to fill out including forms to notify relatives of the guardianship proceedings. If you make a mistake, you could not receive guardianship of the child, even if the parents of the child have made the decision for you to be the guardian of the child. Other relatives can step in and cause all kinds of legal problems since you are not a relative of the child. Retaining a
guardianship lawyer is the best way to ensure that all the forms are filled out properly and correctly.
In a few cases, you will need a guardianship lawyer to set up a guardianship for a minor child which includes if the child has property that is deemed to have great value, if you live out of the state in which the child is now living, if there are other court cases such as custody or juvenile charges, if the child has physically or emotional disabilities, or if the child is Native American.