GUARDIANSHIP OF MINORS

A guardianship is a legal arrangement in which an adult has the court ordered authority and responsibility to care for a child (someone under 18) or an incapacitated adult. Often, a guardianship is sought in lieu of adoption. This section focuses on guardianships of children. A guardianship may be necessary if a child's parents die, or if the child has been abandoned or is not receiving adequate care by their biological parent.

The process is started by filing guardianship papers in court. A court investigator will then interview you, the child and his or her parents if they are alive and available, and make a recommendation to the judge. The judge will then review the case and decide whether to appoint you, usually after a hearing. The court must find that the appointment is in the best interests of the child. In certain instances, the court may appoint the petitioner or another person as guardian of the child during the investigation period if it is in the child's best interest.

Typically, a guardian takes care of a child's personal needs, including shelter, education and medical care.

Once a permanent guardianship has been established, termination will usually occur when the child the child reaches the legal age of 18, or if the child dies, or if the judge determines that a guardianship is no longer necessary.