Users' questions

When do parents become legal guardians of their children?

When do parents become legal guardians of their children?

I learned however that parents are the legal guardians of their children only until they reach the age of 18. When your child turns 18 she is legally an adult and presumed capable of exercising rights, making decisions, and accepting adult responsibility in full.

Can a lawyer represent an adult in a guardianship case?

It may be helpful for you to secure an attorney to file for guardianship of your adult child. In the , any individual can represent himself in a legal proceeding, but the complexity of the court system can be overwhelming to the inexperienced lay person.

Are there alternatives to becoming a legal guardian?

Consider alternatives to becoming a legal guardian. There may be other avenues to protect the child’s or adult’s well-being short of a legal guardianship. Some alternatives include a power of attorney, living will, health care proxy, and/or a representative payee arrangement.

How are legal guardianship and child custody issues similar?

As for how legal guardianships and child custody issues may be similar, both subjects are primarily concerned with the well-being and legal protection of a child. Like the parents in a child custody arrangement, legal guardians can also be granted the authority to retain physical and legal custodial rights over a child.

Are there other options besides legal guardianship for adults?

Any corporation qualified to accept and execute trusts may serve as guardian of the estate. Review all the Options besides Legal Guardianship. There are other options besides legal guardianship for adults with disabilities.

I learned however that parents are the legal guardians of their children only until they reach the age of 18. When your child turns 18 she is legally an adult and presumed capable of exercising rights, making decisions, and accepting adult responsibility in full.

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.

Who is the GAL in a guardianship case?

This person is an attorney trained by the probate court in the area of guardianships and assessing incapacitated individuals. The GAL has a fiduciary duty to the court to investigate the facts and circumstances of the individual as well as the assertions contained in the petition.

How can I change the guardianship of my Children?

You can change your appointed guardians in one of two ways: By appointing in your Will alternative guardians who would take on the responsibility for your children if your intended guardians die before you do.

What happens if the guardian of a child resigns?

The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed. The guardian can file a Petition to Resign if this is the case.

Can a child be transferred from one guardian to another?

Since guardianship usually lasts until a child’s 18th birthday, transferring guardianship of a child from one guardian to another can be difficult even if all parties agree. The judge must review the transfer and will not approve it unless she believes it is in the best interests of the child, considering all circumstances. [27]

When does a court appoint a legal guardian to a child?

Unlike most child custody cases, legal guardianship matters will not stem directly from a divorce, but rather when a court has deemed that the child’s parents are either absent, unfit, or deceased. For example, a family law court may appoint an individual to become the legal guardian of a young child if both the child’s parents are in prison.

How is a guardianship set up in juvenile court?

Find out more about guardianships in juvenile court. A probate guardianship of the person is set up because a child is living with an adult who is not the child’s parent, and the adult needs a court order to make decisions on behalf of the child.

When does the guardianship allowance stop for a child?

The Guardianship Allowance stops when the child turns 18, or is no longer in your care. It is not taxable income. It is important to consider the ongoing costs of caring for a young person when they reach adulthood.

Can a court order change a guardianship order?

A guardianship order is a final order for the permanent living arrangements for a child or young person. A court order is needed to change a guardianship order. There are some important differences between a Children’s Court order that: