Users' questions

Can anyone be a guardian?

Can anyone be a guardian?

A guardian can be a relative or kinship carer, a family friend or an authorised carer who has an established and positive relationship with the child or young person. There is no legal definition of who may be a suitable person.

What happens if a child has no guardian?

Without guardianship, you will have difficulty getting medical care for the child, enrolling him or her in school, as well as a host of other problems. Also, because a guardianship of minor children creates a legal right, you will have some say in the child’s future as a guardian, whereas a mere caretaker would not.

Can a family member or friend become a guardian?

If no family or friends are available to become a person’s guardian, or if there is conflict regarding who should be appointed as a guardian, then the court or tribunal will appoint an independent guardian from the State-based Office of the Public Advocate or Office of the Public Guardian. What is capacity?

Who is the guardian for a child with special needs?

States usually have a preference for persons to be named guardian. For children with disabilities who turn 18, the preference is usually for the parents, or if parents are not available, an adult sibling or other adult family member. If no family members are able to serve as guardian, then a close friend.

What should I look for in a guardian?

A guardian should be someone who is familiar with the represented person’s values and beliefs, likes and dislikes. When deciding who to appoint, the tribunal must take into account the wishes of the represented person so far as they can be ascertained, as well as family members and interested parties.

Can a parent with a disability become a guardian?

In the case with a parent of a child with a disability, as the parent ages, he or she may no longer be able to care for their child. The guardian should consider who would replace him should he no longer be able to serve. 4. Obtaining guardianship through the court A guardian is appointed by the court upon petition by an interested person.

Can a family member become a legal guardian of a child?

For example, if a child’s parents were in a serious accident that caused both parents to lapse into a coma, a court could either appoint a close family member to become their temporary legal guardian. They may also review the parents’ will documents and designate the person named therein the child’s legal guardian.

Can a parent be the guardian of a disabled young adult?

There are good reasons why you may want to be the legal guardian of your disabled young adult if you’re a parent (or even if you’re not a disabled young adult’s parent). Specifically, a guardian is appointed by the courts, and the laws are different in every state.

What do you need to know about adult guardianship?

1 Lets family members know that someone is making decisions 2 Gives clear legal authority to deal with third parties 3 Provides a process to have a judge approve major decisions

Who is the best guardian for an adult with disabilities?

Most states have an ordered preference of who serves as guardians of an adult child with disabilities. The preference is usually for the parents. If parents are not available, an adult sibling or other adult family member is the next best choice.