Probate Guardianship of the Estate is the appropriate, judicially supervised, proceeding for the management of a minor’s estate. Therefore, the minor can utilize the estate for support and/or education.
Probate Guardianship of the Person is the appropriate, judicially supervised, proceeding if the person (1) is an orphan (2) is at risk for abuse or neglect (3) is a minor that has resided in the home and bonded with a non-parent adult (4) wants a technical change in custody. In addition, Probate Guardianship of a Peron is only appropriate when there are no other alternatives. There must also be a responsible relative/friend who is already caring for the minor and the relative/friend is willing to assume legal responsibility for the minor without adoption and the parents of the minor do not oppose custody or parental custody would be detrimental to the minor.
The rules, practices, and procedures in guardianship are always hanging. Therefore, it is essential to use a licensed attorney who has experience in guardianship and continues to be current with the law and procedure.
There are alternatives to guardianships such as custody proceedings in family law court, dependency proceedings in juvenile court, delinquency proceedings in juvenile court, adoption proceedings, emancipation of minors, care giver’s authority to enroll in school and authorize medical care, minor’s consent to medical treatment, and minor’s application to the court for marriage or to enlist in armed forces, a petition to the court or an order directing investment of minor’s money belonging to the minor, compromise of a disputed claim, and court approval with compromise of money. In the analysis of whether to establish a guardianship or utilize an alternative method in the management of a minor’s estate and custody, it is important to consult with a licensed attorney ho is experienced and therefore able to choose and establish the best method for your particular case.
There are situations in which a temporary guardianship may be applicable. Instances such as a minor needing medical treatment or enrollment in a school and both parents are deceased, absent, incarcerated, or incapacitated. Temporary Guardianship is also applicable when a minor needs immediate protection from child endangerment or the minor’s custodial parent is also a minor who is in custody. There are many factual scenarios in which Temporary Guardianship may apply and only an experienced and licensed attorney can give you proper advice and guide you through the process.Having legal representation when seeking a guardianship can greatly assist in making sure that all forms are properly completed and that your case is properly presented in court.