Who is a Candidate for Legal Guardianship?
Legal guardianship laws give an adult authority over a child or incapacitated adult's property or person. The child or adult under a guardianship order is called the ward. Guardianship orders are established by a state's family or juvenile courts, and are usually also overseen by the state's guardianship office.
Guardianship Defined
A guardianship is a legal agreement giving an adult who otherwise would not have authority over a ward the right to make decisions about them. Guardianship laws are established independently by the states, so they differ slightly in their content. These laws, which are contained in the states' statutes or revised codes, define who can be a guardian, how long a guardianship can last, and the reporting and other requirements that a guardian must fulfill.
Why Guardianships Exist
Guardianships are usually established because the court considers a ward's parents or caretakers unable to properly care for them. This inability is sometimes brought to the court by the police, by a disinterested third party or a relative. If the guardianship office or the court believes a guardianship is necessary, it will establish one over whatever components of the ward's life it believes requires intervention into and oversight.
Terms of a Guardianship
A guardianship can exist over the ward's person or their property. A personal guardian decides the education, daily activities and other aspects of a ward's living. A financial guardian solely has control over the ward's money, property and other resources. They are able to make decisions regarding its disposal and the acquisition of more resources, but have no say over the ward's daily life. These guardianships can be combined in the same person, but usually a court will only give a guardian with extensive financial knowledge a property guardianship.
In every decision involving the ward, the guardian must act in the ward's best interests. To ensure that they do so, the guardian may be required to file quarterly, bi-annual or yearly reports with the court and guardianship office.
Orders of Priority
Courts prefer to establish a ward's relative as guardian. First they look to aunts and uncles to fill the role, before turning to grandparents and adult siblings. They will consider many things when establishing a guardian, but they will primarily appoint the person they believe has the child's best interests in mind and who wants to assume the position. The ward's request only factors into the court's decision if the ward is 12 year of age or older.
Length of a Guardianship
A guardianship order exists indefinitely, or until a child-ward turns 18. This indefinite existence, however, can be terminated at any time if the court feels the ward no longer needs care or if the parents or another party believes the guardianship unnecessary.
Terminating a Guardianship
A guardian can be removed with or without cause by the court at any time. A court hearing is usually held to remove a current one and appoint a new guardian. However, a guardianship over a child automatically ends when the child turns 18.
Legal Advice
This article is provided for informational purposes only. If you want to establish a guardianship, seek legal advice from a competent family lawyer. An attorney will discuss your state's guardianship laws and explain how to request a guardianship order in your local court.
