Where a person is interested in the welfare of an adult or minor, a guardianship may be appointed. Biological parents or interested potential guardians may petition the Probate Court for an Order of Guardianship. Most often, guardianships are granted in situations where it is necessary for a person to act as a parent for the minor where the minor has no living parent, or where the biological parent is unsuitable to have custody of the child. Also, guardianship may be granted where the parents agree that the transfer of custody to a legal guardian would be in the best interest of the minor and is not solely for the purpose of establishing a residence for school purposes. Finally, where an adult is incapable of making decisions on their own behalf due to incapacitation or illness or are in danger of harming themselves, a petition for the guardianship of an adult may be granted. Guardianship affords the guardian the legal status to protect and care for the ward and their estate for the duration of the guardianship. Guardianships are immediately terminable as long as all parties agree to the termination of the guardianship.


