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The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. We take your legal matters very seriously, which is why with each consultation, we strive to ensure you feel confident about the future of your case.
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A Short-Term Guardian can be appointed when a parent or legal guardian knows they will be unable to care for the child for an explicit period of time. At the conclusion of that time period, the parent or legal guardian is willing and able to resume caring for the child. Similar to a stand-by guardianship, a short-term guardianship does not need the approval of a judge, but the guardian must be designated in writing and signed and witnessed by two individuals, not the appointed guardian, who are at least 18 years old. The agreement must state the end date, typically not longer than a year.
A Stand-By Guardian is an individual selected by the parent or legal guardian to become guardian of the child if the parent or legal guardian can no longer care for the child. This may occur when a parent or legal guardian becomes sick, dies or must live apart from the child for a long period of time. This guardianship does not need to be approved by a judge, but it must be designated in writing and signed and witnessed by two individuals, not the appointed guardian, who are at least 18 years old.
Plenary Guardianship is a long-term guardianship that must be approved by courts. Plenary guardianship is applicable when the parent or legal guardian is deceased, the parent or legal guardian is unwilling or unable to make daily decisions for the child, the parents or legal guardian leave the child with an adult and fail to return, the parents or legal guardian consent to the guardianship, or the parents or legal guardian are arrested, detained, removed or deported due to immigration issues. Once appointed, the guardian cannot give up their responsibilities unless there is a parent willing and able to care for the child or another individual is willing to be appointed guardianship of the child. The plenary guardianship ends automatically when the child turns 18 years old.
There are alternatives to both adult and child guardianship that do not involve courts. Simply allowing your children to live with a friend to attend school can be done by submitting forms required by the school. Other legal duties like those of a guardian may also be accomplished through various instruments and designations such as a: • Living will Power of attorney • Living revocable trust • Health care representative • Advance medical directive • Social Security representative Something called “supported decision making” is also available for the intellectually and developmentally disabled. This may be used for adults as well. These alternatives are less restrictive and need not involve court approval. Experienced guardianship attorneys can help you take control of decisions relating to your child or property rather than a court appointee.
Even if parents are fully willing to give up their privileges, you will probably need a guardianship lawyer to protect your rights. If the biological parents have a settlement agreement with guardians that both parties agree to enforce, a lawyer may not be necessary. But usually, there can be other parties “interested” in gaining guardianship of the child. These could include: • Biological parents • Adoptive, foster parents • Relatives of any parental type • Relatives of the adopted child • Sibling who is not yet adopted • Adoption agencies or the state With so many interests at stake, parties are bound to disagree on what will “best serve” the child. Parents who do not leave on the best terms can still come to an amicable agreement outside of court. But because of the legal duties involved, a skilled representative may be necessary.
Guardianship may be temporary, semi-permanent, or fixed by the court but the most common types of guardianship will usually revolve around issues of children. • Location • School district • Type of custody • Health care needs • Emotional welfare • Social and special needs When it comes to juveniles, “custodians” refer to certain schools, foster homes, licensed childcare facilities, and other agencies that care for the child on a continuing basis. Guardianships for disabled adults is also another common type of guardianship.
Even with consensual guardianship, official forms must be filed with the court. The different forms have a filing fee you must pay just to have the court process your claim. If you cannot afford the filing fees, you may be eligible for a waiver. There will likely be a court hearing you should attend with a qualified guardianship attorney. The rights you assume or give up will largely determine the child’s future. Legal fees could be minimal but will likely increase the longer a guardianship case takes to settle.