Guardianship

Guardianship

A legal process, utilized when a minor child has no parent able to care for them, and a family member, friend, or other adult petitions the court to become the child's legal guardian.

Frequently Asked Questions

What is a Guardianship?

Guardianship is a court process by which a person other than a parent is given custody of a child or authority over a child’s assets, if any. A legal guardian is given the authority and responsibility to provide care for a child or to handle the child’s assets or both.

Appointment of a guardian requires the filing of a petition and the approval by the court. If the court establishes a probate guardianship, the guardianship may be:

  • A guardianship of the person of the child (custody);
  • A guardianship of the child’s estate (property).

If the court appoints you as a guardian for a child, you will assume important duties and responsibilities. You will become responsible to the court. It is essential that you clearly understand your duties and responsibilities as guardian.

Who can be a legal guardian?

Relatives, friends of the family, or any other interested person may be considered as potential legal guardians.

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