Legal guardians are individuals that have legal authority to care for another person. The individual being cared for is called a ward. Legal guardians must take care of their ward's personal and property interests.
Legal guardianship is commonly used for:
Legal guardians for minors are the most common guardianship. A legal guardian acts as the primary caretaker of a child or minor. This person may be personally selected by the child’s biological parents, or appointed by the court. Guardianship arrangements are necessary when a child's biological parents are unable to provide care.
Becoming a legal guardian involves many different legal rights and duties. A legal guardian generally has the right to make legal decisions on behalf of the child. These can include decisions, such as where to live, where to send the child to school, and other important aspects.
Responsibilities of a legal guardian are also broad. In most cases, the legal guardian also has legal and physical custody of the child. This means that they must fulfill duties in the same way as a parent would for their child. These responsibilities may include:
This depends on the order issued by the court. Legal guardianship of a minor will generally end when the child reaches the age of majority (usually 18 years old). Guardianship may also end for other reasons, for instance if the guardian becomes incapacitated.
Also, some legal guardianship arrangements are designed to be temporary at the outset. This is common if the biological parents request for the guardianship to be temporary, or if there is a pressing emergency situation involved.
Yes. Legal guardianship determinations are treated seriously in family law courts. These will affect the child’s future upbringing as well as the rights of the biological parents. If you need help with legal guardian laws in your area, you should contact an experienced family law attorney. Your lawyer can provide you with legal advice and represent you during guardianship hearings in court.
Last Modified: 04-11-2018 07:28 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.