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Guardianship
As a guardian of a minor child, parental authority is extended to you and you become responsible for the care and welfare of the child. The parent still retains parental rights and may have the right to visit the child. The child cannot be adopted without the consent of the parents or the termination of the parental rights of the parents
To become a guardian, the proposed guardian files a petition with the proper Court stating why a guardianship is needed.
In a minor's guardianship, the child's parents must consent to the guardianship or be given notice of the hearing. At the hearing, the parents are free to object to the proposed appointment.
In the guardianship of a disabled adult, the Court will appoint an attorney, called a Guardian Ad Litem, to represent the allegedly disabled adult. The petitioner must prove to the Court that the adult needs someone to make decisions for him.
A guardianship over a minor can last until the child is eighteen years old, unless terminated earlier. A guardianship over a disabled adult lasts as long as the person remains disabled.
When there is a guardianship over a child, the Court can terminate the guardianship if the parents prove that the conditions for needing a guardian no longer exist and the child will not be harmed if the guardianship were terminated.
If you are guardian of the estate, you have the responsibility to manage money, and report to the Court annually about the guardianship's finances and status.
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