When Does a Guardianship End?
There are many instances when a minor child requires someone other than his parents to protect and represent him as a child guardian. That legal guardian can be necessary to protect and investigate the needs of a child during divorce and custody battles. Guardians and minors may also form a parent-child relationship, when his parents are unable to do so. When a child’s parents or guardians are being investigated for possible child abuse or neglect, another legal guardian may be appointed. Moreover, when a child has received a large amount of money or property, he may require a child guardian to protect those assets. That child guardian can be needed temporarily or permanently, depending on the situation. Lawyers, volunteers, family members, or social workers can serve as legal guardians; and they fulfill parental responsibilities for the child while they maintain their child guardian status. However, the biological parents may still have some financial responsibility for the child and may have varying degrees of contact with the child that supersedes that of guardians and minors.
Duties of a Child Guardian
A child guardian is empowered to care for and represent a child in every aspect of his life. In most cases, guardians and minors have a parent-child relationship. In the case of a guardian of the estate, the child guardian only oversees the financial protection and direction of a child. When the legal guardian is a guardian of the person, he fulfills all the roles of a parent in most cases. This type of child guardian often serves while the parent is unable to do so. In some cases, a child whose parents have died is taken care of by a legal guardian rather than an adoptive parent. This can be a temporary or a permanent situation for guardians and minors. That is because the child guardians may not be able to spend the money to adopt, they do not want to go through the investigation, or they believe the family will not accept them as adoptive parents.
In other situations a
guardian ad litem is appointed to care for and investigate a child during a divorce and custody proceeding. The legal guardian at that point has the responsibility to investigate the living conditions the child would face if either parent were given custody. Guardians and minors in this situation also go through an interview process about where they would rather live. This child guardian may also advise the child concerning his rights in the custody battle. Guardians and minors may spend a considerable amount of time together during this process, which gives the child guardian ample information with which to make a recommendation to the court about what he believes is best for the child’s future. A legal guardian may also serve as a guardian ad litem in order to represent a child when there is a conflict over medical, legal, or other vital treatment of the child. He will often become an unbiased and mediating voice who looks out only for the interests of the child without other overpowering influences that may alter the decisions of parents, medical personnel, or state representatives. This can be a vital relationship for guardians and minors in these difficult situations.
Ending Child Guardianship
Every situation is different, but an end date for the relationship between guardians and minors can be established from the beginning of the legal agreement or can be determined by other conditions. For example, a child guardian who serves as a guardian ad litem only serves until the judge rules on a custody agreement between the divorcing parents or the conflict over a child’s needs is resolved.
A legal guardian who serves as a guardian of the estate may only serve until the child turns 18 in some states, or 21 in others, and can take charge of his own financial affairs, or until the child’s assets are used up. Guardians and minors in a guardian of the person relationship may be together permanently, until the child turns 18, the child dies, the judge determines the guardianship is no longer necessary, or until the child’s parents become competent to exercise their parental duties once again. The legal guardian may also choose to step down if the duties have become burdensome. If that happens, the judge may appoint another child guardian to fulfill those duties.
For any legal guardian, the court may be petitioned to adjust the situation of guardians and minors at any time during the process or while the child is in need of a legal caregiver. This may occur if the legal guardian is not fulfilling his duties adequately or not providing a happy home for the child. Guardians and minors have a vital relationship that is more than just fulfilling a legal need. The state should ensure that child guardians are caring individuals who will build a strong relationship between those guardians and minors throughout the period in which they are needed.
A permanent legal guardian has the extra responsibility of building character and morality in his charge. It is unacceptable for a child guardian to take advantage of the child or, in the case of a guardian of the estate, to misuse the child’s assets. In such a situation, the legal guardian can be replaced by someone who will more appropriately fulfill the requirements of a child guardian.
Guardians and minors may be under scrutiny of the court throughout their relationship. In many situations the court will require a regular report from the legal guardian to indicate the status of the child, the relationship, the assets (if appropriate), or the custody battle.
The court may also appoint multiple legal guardians for one child. This may be necessary for these guardians and minors to fulfill different requirements of the court. One child guardian may be a guardian ad litem to advise the court and the child on a custody suit. Another legal guardian may be a guardian of the estate to protect the assets of that child if they are separate from those of his divorcing parents.
The goal of guardians and minors, however, is to ensure the safety and stability of the child. It is not healthy for guardians and minors to have a relationship that is too complicated or unstable. A legal guardian must fulfill the role of a parent as much as possible. If guardians and minors do not have that kind of relationship, it may be time for the guardianship to end.