Why Would You Need to Become a Guardian?

Many situations arise where a child would need a Guardian. Guardian is a legal term that equates to having legal, physical, and financial responsibility for a minor, formally referred to as the Ward, when the natural parents can no longer care for a child. Two common circumstances for Guardianships are when parents are in the armed forces and when parents face issues of drug abuse, criminal behavior or other issues that interfere with parental responsibilities.
For single parents or families where both parents are in the armed forces, deployment and other orders can cause enough disruption to consider having another family member temporarily help in the protection and care of their child. In such a scenario, the parent(s) might ask siblings, parents (grandparents of the child), to take over as temporary guardians. Their role would end, either automatically by agreement, or by court order, once the condition allowing the parent or parents to return to active parenting.
Among the most difficult circumstances requiring a family member to serve as guardian arise when one or both of the parents are addicted to drugs/alcohol, are a chronic criminal(s), or are unwilling to fulfill their parental role. In such situations, a case will often begin in the city or county where the child resides, and a foster-parent is appointed. However, if one or more members of the parents’ family(ies) are willing and able to care for the child they can file to become guardians.
Guardianship can be temporary or permanent and most guardianships are created to provide for the child’s personal needs such as education, clothing, medical care, and other responsibilities, in place of a parent. Such legal authority is granted by an order Appointing Guardian and Letters of Guardianship issued by the Probate Court. In the event the child’s parent or caregiving relative passed away with significant wealth, the child may have an “estate” which requires guardianship to manage, also known as “Guardian of the Person and Estate.” Such guardianships are often contested in Probate Courts, as they may last for 18+ years, involve claims of financial mismanagement or misappropriation, and premature attempts by teenage wards to obtain release from their guardian(s).
Many other situations and variables apply to guardianships. If you or a friend has questions about guardianship consulting with an experienced attorney is essential.
For more information on family law matters contact The Reape-Rickett Law Firm at 661-288-1000.