Ensuring the health and safety of their child is a parent’s number one priority, but thinking about who will care for their child in the event of their passing is difficult. In truth, there are no guarantees, and although it may be painful to think about, you should appoint a guardian before a life-altering crisis occurs. To help you make the best decision for your child’s future, let’s review how to appoint someone as your child’s legal guardian and what that means regarding your parental rights.
What Is Guardianship?
The role of a guardian is to tend to and care for the needs of a child, such as shelter, clothing, food, medical care, and education. The guardianship does not end unless the ward or guardian dies, the guardian resigns, a judge determines a guardian is no longer necessary or qualified, or the child turns 18.
Unlike the adoption process, guardianship is not permanent, and the parent can change their decision anytime. Additionally, the parent does not relinquish parental rights or obligations when appointing a legal guardian.
Determine Your Ideal Guardian
Before appointing someone as your child’s legal guardian, you must determine whom you want to select. There is quite a bit to consider before you name someone your child’s guardian, but ideally, they should be trustworthy, willing, and capable of doing so.
It’s essential to sit down and have an open conversation with your candidates to discuss the responsibilities of caring for your child and how they intend to meet them. If disaster strikes and you become incapacitated or incapable of caring for your child, you want the peace of mind that comes with knowing you made the best choice.
File a Petition in Court
Your first step is to visit your local family court or look at their website; they should provide you with the appropriate guardianship papers. Once you’ve appropriately filled out the paperwork, you can file it with the court and pay the filing fee.
A sheriff or process server will serve paperwork to the interested parties. Interested parties can include but are not limited to the biological parents, foster parents, social services, and possibly the child themselves if they are over 14.
Prepare for the Assessment
After you file the petition, the court will appoint an attorney to represent the proposed ward, known as an “attorney ad litem.” Their job is to represent the child’s best interest and determine if the guardian is fit to care for the child. This can include conducting background checks, meeting with doctors or therapists, and even performing home inspections.
Attend the Hearing
During or after the assessment process, the court should send you a hearing date and information regarding any necessary paperwork you need to bring. First, the judge will determine the child’s capacity to care for themselves (capacity, limited capacity, or no capacity).
They will then determine if the guardian can care for the child and meet their needs or if any less restrictive alternatives are feasible. Sometimes a Power of Attorney (POA) or a Health Care Surrogate is a better alternative to guardianship.
Either way, the entire legal process is there to ensure that your child will be safe, happy, and cared for.
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