Guardianship

Guardianship

Guardianship for minors is a legal arrangement in which a person (the guardian) is given the legal authority to make decisions for and take care of a minor child who is unable to care for themselves. Guardianship for minors is often necessary when the child’s parents are unable to provide care for the minor child due to physical or mental disability, incarceration, or death or when the child’s parents are unwilling to provide care for the minor child.

The Court may appoint a guardian if the court finds the appointment is in the best interests and one of the following conditions is met:

1. The parents’ consent;

2. All parental rights have been terminated;

3. The parents are unwilling or unable to exercise their parental rights; or

4. Guardianship of a child has previously been granted to a third party and the third party has subsequently died or become incapacitated and the guardian has not made an appointment of a guardian either by will or written instrument; however, the court shall not presume it is in the best interests of a child to be in the care of a parent in circumstances where a court has previously granted custody of a child to a third party.

Guardianship for a minor child can be temporary or permanent, depending on the circumstances. Temporary guardianship is typically granted for a specific period of time, while permanent guardianship may be granted until the child reaches the age of majority or until the court terminates the guardianship.