If you may become the guardian of one or
more children, you'll likely have to go through some legal hoops to make
everything official and retain your status as long as necessary. To do this
well, you should understand the type of guardianship you have and what it
requires of you. Keep reading to learn about a few types of child guardianship
and some challenges you may face.
Temporary Guardianship
If a parent becomes sick, has to leave the
area, or otherwise doesn't feel like they can take care of their child, they
may ask someone to take over guardianship until the situation resolves.
Temporary guardianship might also take place if someone petitions the court for
it. Usually, the petitioner has concerns about the well-being of the caregiver
or child and wants to relieve a burden.
While the child is in your custody, you are
legally responsible for their well-being and have the power to make decisions
on their behalf. Temporary guardianship has an affixed end date, which the
court will assign during the proceedings. Upon that date, the guardianship may
become permanent, return to the parents, or pass to another guardian.
Emergency Guardianship
If the ward is in immediate danger from
abuse, neglect, or medical distress, the court may allow a temporary emergency
guardian to take over the situation. You might obtain this type of guardianship
with a short hearing or only a petition, but the authority it grants you will be
limited until you can arrange for a full hearing. At that point, the
guardianship may revert to the previous caregiver or pass to you permanently.
Planned and Voluntary Guardianship
Parents might give up custody of their
children voluntarily if they recognize their incapacity or if they're traveling
for an extended time. Usually, close family members such as grandparents,
aunts, uncles, or cousins will take over custody of the children at this point.
The court will establish a temporary guardianship so that someone can make
decisions on their behalf.
If something happens to the parents or
caregivers, the courts will look for a will that indicates the preferred
guardian. If you believe the circumstances demand a different guardian or if
the parents did not leave directions, you can take the case to court and prove
that you would be the best guardian to meet the wishes of the deceased and care
for the child.
Estate Guardianship
When you take guardianship of a child, you
are responsible for their well-being, including education, food, doctor's
appointments, and anything else they may require. You have the authority to
make decisions in their best interest. In some cases, the previous caregivers
will provide you with the means to do so as well. This may fall under estate
guardianship, which is separate from that of a minor.
Living parents might set aside a portion of
their income to send to you as a provision for their child, and deceased
parents may give you a fixed amount once or periodically for the same purpose.
A full estate guardianship would grant access to the child's entire inheritance
and control over their financial matters until they reach the age of majority
for your state.
For any of these types of guardianship,
you'll need reliable legal assistance, either to put it into place or to
maintain it against the claims of others. The Law Office of Carla D. Allen is
here to help. You can put your case into our capable hands and rest assured
that we will fight for you in every regard. Contact us today
to set up a consultation with a member of our firm.
