A legal guardian, called a conservator in some states, is a person with the legal authority to care for a minor child or disabled adult and make decisions. [1] X Search Source To become someone else`s legal guardian, you will need to fill out a series of forms and go through one or more court proceedings. [2] Research Source X It is extremely important that you take all the right steps to become a legal guardian to ensure that you have the legal authority to make important decisions for the person in your care. If the child is old and mature enough, the investigator may also talk about guardianship. Legal guardianship is one of the options available to parents who plan to care for their children in their absence due to various situations such as illness or imprisonment. It allows parents to designate a caregiver and grant them certain legal rights regarding the care of the child or children. In most cases, parents` legal rights are not taken away and parents still play a role in their children`s lives. Guardians have custody of children and the power to make decisions regarding protection, education, care, discipline, etc. If you want to be the guardian of an adult, there are many forms you need to fill out to open a file. The forms tell the judge about you, anyone who wants to be a co-tutor with you, who you want to be the guardian to and why guardianship is necessary.
Read on for more information on the forms you need to fill out and how to open a case. Choose someone you trust and add a clause to your will that says you want that person to raise your children if you ever become unable to work. In your will, designate one person as guardian and one person as substitute (if the former cannot fill the position) for each of your children. It is legal to choose a different guardian for each child. You can even create more than one guardian for a child, although this can cause problems if the co-guardians disagree. Appointing a married couple often works well, but mention both in your will to make sure they have custody/authority to make decisions for your child. Once the judge approves your application for guardianship, they will issue you an order to establish guardianship. Be sure to check your local government`s website for instructions. Some even have forms that you can download, fill out, and submit to court. Once you have filed your application, the court will arrange interviews with you and possibly with the child, the child`s parents (if available) and any other person who may have an interest. In some cases, the court may order a home visit or inspection, and usually a criminal background review of the potential guardian is conducted. Becoming a child`s legal guardian is a huge responsibility with a lot to consider.
Think carefully about the above questions and plan accordingly. Before you are appointed as a guardian, the investigator wants to know if: You can establish guardianship of a child by filing documents with the court. First, file a petition indicating your interest in guardianship as well as filing fees. You must also submit a consent form from the child`s parents. Yes, and it`s good planning. In the unfortunate event that you can`t raise your children, consider setting up guardianship for your children with someone you trust. The best way to do this is to spell it out in your will. For anyone who wants to learn how to set up guardianship of a child, there are many concerns that accompany such an important process. First, you`ll want to understand the legal process required to get started, not to mention the factors considered by the court.
Read on for answers to frequently asked questions about setting up guardianship for a child. Click if you need to apply for guardianship of a youth between the ages of 18 and 20. If the investigator believes the child is in need of guardianship, they will consider the following: CTLawHelp.org was founded by several nonprofit legal aid organizations whose common mission is to improve the lives of Connecticut residents by providing free legal aid to people with very low incomes. It`s always a good idea to leave a declaration letter with any judge who might question your choice of legal guardian. Since judges apply the best interests standard, it is a good idea to explain why the guardian you have chosen is in your child`s best interests. The judges consider the following: the investigator will only investigate your case if you are a parent of the child. If you are NOT a parent, the court will refer your case to your county department of human resources or social services and conduct the investigation.